Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co.’s Empirical Analysis

Citation profile

304 federal appellate · 78 district · 30 state decisions

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 717 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “.' “Although there was no evidence that particular purchasers were actually deceived into believing that the heels sold by the respondént were manufactured by the petitioner, the District Court found that there was a ‘reasonable likelihood’ that some purchases might have been induced by the purchaser’s belief that he was obtaining the petitioner’s product.””

   31 later decisions quote this exact passage · from the majority
   e.g. San Francisco Arts & Athletics, Inc. v. United States Olympic Committee · International Kennel Club of Chicago, Inc. v. Mighty Star, Inc.

2. “[t]he burden is the infringer’s to prove that his infringement had no cash value in sales made by him. If he does not do so, the profits made on sales of goods bearing the infringing mark properly belong to the owner of the mark. There may well be a windfall to the trade-mark owner where it is impossible to isolate the profits which are attributable to the use of the infringing mark. But to hold otherwise would give the windfall to the wrongdoer.”

   18 later decisions quote this exact passage · from the majority
   e.g. Century Distilling Co. v. Continental Distilling Corp. · WMS Gaming Inc. v. WPC Productions Ltd.

3. “the plaintiff ... to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed”

   3 later decisions quote this exact passage · from the majority
   e.g. Dad's Root Beer Co. v. Doc's Beverages, Inc. · Otis Clapp & Son, Inc. v. Filmore Vitamin Co.