John Wright, Inc. v. Casper Corp.’s Empirical Analysis
1976
Citation profile
16 federal appellate · 11 district · 2 state decisions
How this case has been cited
Cited by 61 later decisions — most recently May 2008 · most notably Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. (1979), Saratoga Vichy Spring Co. v. Lehman (1980)
16 federal appellate · 11 district · 2 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. § 1116 (§ 34 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1121 (§ 39 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Sears, Roebuck & Co. v. Stiffel Co. · Magna Oil Corp. v. Bateson · Compco Corp. v. Day-Brite Lighting, Inc. · McLean v. Fleming · National Labor Relations Board v. Burns International Security Services, 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“there seems to be no requirement that purchasers actually be deceived, but only that the false advertisements have a tendency to deceive. This seems to be the result desired by Congress in that Section 43(a) confers a right of action upon any person who “believes that he is or is likely to be damaged” by defendant’s practices. While it would be going too far to read the requirement of customer reliance out of this section so far as damages are concerned, we believe that this is a recognition that, as with most equitable relief by way of injunction, Section 43(a) may be asserted upon a showing of likelihood of damage without awaiting the actuality.”
1 later decision quote this exact passage · from the majority““Trade dress is a concept which embraces the total image of a given product, including advertising materials and marketing techniques used to promote its sales.” Falcon Rice Mill v. Community Rice Mill, 725 F.2d 336 (5th Cir.1984), citing John Wright, Inc. v. Casper Corp., 419 F.Supp. 292, 317 (E.D.Pa.1976), rev’d in part on other grounds sub nom. Donsco, Inc. v. Casper Corp., 587 F.2d 602 (3d Cir.1978).”
1 later decision quote this exact passage · from the majority“long, intensive, exclusive, and highly-publicized use and promotion of its Book of Knowledge-endorsed certificate of authenticity between the years 1957 and 1972 created a secondary meaning for that certificate . . . .”
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.