Broderick & Bascom Rope Co. v. Manoff’s Empirical Analysis
41 F.2d 353 · 1930
Citation profile
23 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 50 later decisions — most recently January 2021 · most notably Ambrit, Inc. v. Kraft, Inc. (1986), Chevron Chemical Company v. Voluntary Purchasing Groups Inc (1981)
23 federal appellate · 1 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
Relies on Coca Cola Co. v. Gay-Ola Co.
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] competitive business, once convicted of unfair competition in a given particular, should thereafter be required to keep a safe distance away from the margin line — even if that requirement involves a handicap as compared with those who have not disqualified themselves.”
11 later decisions quote this exact passage · from the majority““We do not find it necessary to consider these broad questions (i. e., whether plaintiff had acquired a secondary meaning in its mark) ; we think Manoff was disqualified to claim the full competitive rights which might be open to a stranger. He was clearly privy to the former decree and bound by it as if he had been named as a party; the name Au-TowLine was adjudged to be plaintiff’s valid trade-mark; he was enjoined from using it, and the effect of the injunction, of courts, was to enjoin also the use of any word in such close imitation or resemblance as to mislead the public; it is obvious that the ordinary purchaser would be confused or misled by the similarity between Au-Tow-Line and Auto-Tow-Line, when prominently displayed as if the proprietary name of two substantially similar articles. To permit Manoff to continue his infringing business with merely this change in the characterizing name is to make the decree futile and to disparage the power of the court to give relief against trade larceny. The situation is the same as it was in Coca-Colo Co. v. Gay-Ola Co. [6 Cir.] 200 F. 720 . * * * The defendant there, and Manoff here, had organized and built up a business based upon a fraudulent appropriation of what belonged to the plaintiff. To permit them to continue without interruption, and to the full scope of identity permitted' to an honest competitor, would be to preserve for them a good will acquired through fraud. The due protection of trade-mark and similar rights re”
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.