Clotworthy v. Schepp’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““The complainant himself is engaged in deceiving the very public whom he claims to protect from the deception of others. He calls his preparation ‘fruit’ puddine. In nine different places on his package this word ‘fruit’ is repeated, as descriptive of the article, and a dish of fruit (pears, grapes, etc.) is most prominently depicted on one face of each packet. His packages plainly suggest that fruit of some kind enters in some shape into his compound. A chemical analysis produced by defendant, the substantial accuracy of which is not disputed, discloses the fact that his ‘Puddine’ is composed exclusively of corn starch, a small amount of saccharine matter, and a flavor • ing extract, with a little carmine added to give it color. It contains no fruit in any form. , Under these circumstances, complainant's rights are not ’sufficiently clear to warrant the granting of a preliminary injunction.””

   1 later decision quote this exact passage
   e.g. California Fig-Syrup Co. v. Putnam