Kellogg Co. v. National Biscuit Co.’s Empirical Analysis
305 U.S. 111 · 1938
Citation profile
644 federal appellate · 200 district · 111 state decisions
How this case has been cited
Cited by 1,659 later decisions (31 by the Supreme Court) — most recently January 2021 · most notably Two Pesos, Inc. v. Taco Cabana, Inc. (1992), Inwood Laboratories, Inc. v. Ives Laboratories, Inc. (1982)
644 federal appellate · 200 district · 111 state decisions — followed in 21 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedNational Biscuit Co. v. Kellogg Co. (from Third Circuit Court of Appeals)
Relationships
Relies on Erie Co v. Tompkins · Singer Manuf'G Co v. June Manuf'G Co · William Warner Co v. Eli Lilly & Co · Remington Rand, Inc. v. National Labor Relations Board
Cited together with Singer Manuf'G Co v. June Manuf'G Co · Sears, Roebuck & Co. v. Stiffel Co. · Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · Two Pesos, Inc. v. Taco Cabana, Inc. · Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1,659 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must show that the primary significance of the term in the minds of the consuming public is not the product but the producer.”
41 later decisions quote this exact passage · from the majority““Kellogg Company’s right was not one dependent upon diligent exer cise. Like every other member of the public, it was, and remained, free to make shredded wheat when it chose to do so; and to call the product by its generic name. •* * ■ * * *■ * “ * * * the name and form are integral parts of the goodwill of the article. To share fully in the goodwill, it must use the name and the pillow-shape. And in the goodwill Kellogg Company is as free to share as the plaintiff.” 59 S.Ct. at page 114.”
19 later decisions quote this exact passage · from the majority“(s)haring in the goodwill of an article unprotected by patent or trade-mark is the exercise of a right possessed by all and in the free exercise of which the consuming public is deeply interested.”
13 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.