Public-domain · open source
OpenJurist
← 432 F.3d 463 - Freedom Card, Inc. v. JPMorgan Chase & Co.

Freedom Card, Inc. v. JPMorgan Chase & Co.’s Empirical Analysis

432 F.3d 463 · 2005

Citation profile

49
cited by 49 later decisions
July 2024
most recently cited

7 federal appellate · 11 district ·

How this case has been cited

Cited by 49 later decisions — most recently July 2024 · most notably Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc. (2015), E.T. Browne Drug Co. v. Cococare Products, Inc. (2008)

7 federal appellate · 11 district ·

270200520102020decided

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 Daubert v. Merrell Dow Pharmaceuticals, Inc. · Ford Motor Co. v. Summit Motor Products, Inc. · Universal Money Centers, Inc. v. American Telephone & Telegraph Co. · Kos Pharmaceuticals, Inc. v. Andrx Corp. · A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) the degree of similarity between the owner’s mark and the alleged infringing mark; (2) the strength of the owner’s mark; (3) the price of the goods and other factors indicative of the care and attention expected of consumers when making a purchase; (4) the length of time the defendant has used the mark without evidence of actual confusion arising; (5) the intent of the defendant in adopting the mark; (6) the evidence of actual confusion; (7) whether the goods, competing or not competing, are marketed through the same channels of trade and advertised through the same media; (8) the extent to which the targets of the parties’ sales efforts are the same; (9) the relationship of the goods in the minds of the consumers, whether because of the near-identity of the products, the similarity of function, or other factors; and (10) other facts suggesting that the consuming public might expect the prior owner to manufacture a product in the defendant’s market, or expect a prior owner is likely to expand into the defendant’s market.”
    11 later decisions quote this exact passage · from the majority
  2. “[i]n deciding whether similar marks create a likelihood of confusion, we have adopted a non-exhaustive test using 10 factors that have come to be known as the”
    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.