Faegre & Benson, LLP v. Purdy’s Empirical Analysis

Citation profile

3 district ·

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

1. ““Appropriation protects an individual’s identity and is committed when one ‘appropriates to his own use or benefit the name or likeness of another.’ ” Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 233 (Minn.1998) (footnote -omitted). “To tortiously appropriate an individual’s name, one must appropriate for the purpose of taking advantage of that individual’s name, or reputation.” Kovatovich v. K-Mart Corp., 88 F.Supp.2d 975, 986-87 (D.Minn.1999). The Minnesota Supreme Court cited the. Restatement (Second) of Torts § 652C when recognizing the tort of appropriation. The Restatement notes that appropriation applies “when the defendant makes use of the plaintiffs name or likeness for his own purposes and benefit, even-though the use is not a commercial one, and even though the benefit sought to be obtained in not a pecuniary one.” Restatement (Second) of Torts § 652C,,cmt. b. See also Felsher v. Univ. of Evansville, 755 N.E.2d 589, 600 (Ind.2001) (finding appropriation when defendant used plaintiffs’ names in e-mail addresses and web sites and holding that defendant misappropriated plaintiffs’ names to his “advantage in that [the misappropriation] enabled him to pursue a personal vendetta”).”

   1 later decision quote this exact passage · from the majority
   e.g. 447 F. Supp. 2d 1008 - Faegre & Benson, LLP v. Purdy

2. “Purdy is not completely barred from use of Faegre’s trademarks in the metatags of his web site. Instead, Purdy may only use Faegre’s trademarks in the me-tatags for his web sites to the extent that he is, in good faith, describing the content of his website. Examples of the types of actions that would be indicative of bad faith include wholesale copying of Faegre’s meta-description tags or HTML code, use of Faegre’s marks in metatags attached to a site with a confusingly similar domain name, and use of Faegre’s marks beyond what is necessary to accurately describe the contents of Purdy’s web site. •”

   1 later decision quote this exact passage · from the majority
   e.g. 447 F. Supp. 2d 1008 - Faegre & Benson, LLP v. Purdy

3. “A web site . . . `enables computer access by multiple users to a computer server,' namely the server that hosts the web site.”

   1 later decision quote this exact passage · from the majority
   e.g. MA Ex Rel. PK v. VILLAGE VOICE MEDIA HOLDINGS