Boule v. Hutton’s Empirical Analysis
328 F.3d 84 · 2003
Citation profile
11 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 55 later decisions — most recently July 2023 · most notably Spagnola v. Chubb Corp. (2009), Gmurzynska v. Hutton (2004)
11 federal appellate · 2 district · 1 state decisions
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.
Relationships
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Gertz v. Robert Welch, Inc. · Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A. · Stutman v. Chemical Bank
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”
3 later decisions quote this exact passage · from the majority“As always with the public expression of opinion, `we have been careful not to permit overextension of the Lanham Act to intrude on First Amendment values.'”
2 later decisions quote this exact passage · from the majority“(1) commercial speech; (2) for the purpose of influencing consumers to buy defendant's goods or services; and (3) although representations less formal than those made as part of a classic advertising campaign may suffice, they must be disseminated sufficiently to the relevant purchasing public.”
1 later decision 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.