Max Factor & Co. v. Kunsman’s Empirical Analysis
1936
Citation profile
3 federal appellate · 157 state decisions
How this case has been cited
Cited by 164 later decisions (4 by the Supreme Court) — most recently August 2018 · most notably 20 Cal. 4th 163 - Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999), 52 Cal. 3d 1142 - Harris v. Capital Growth Investors XIV (1991)
3 federal appellate · 157 state decisions — followed in 15 states
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 Nebbia v. People of State of New York · Munn v. Illinois · Henning Jacobson v. Commonwealth of Massachusetts · Northern Securities Company v. United States · Block v. Hirsh
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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Respondent presents several hypothetical situations under which enforcement of the act would be inequitable or difficult, or perhaps, even unconstitutional. It is elementary, of course, that a statute may be invalid as applied to one set of facts, yet valid as applied to another. ( Dahnke-Walker Milling Co. v. Bondurant, 257 U.S. 282 [ 42 S.Ct. 106 , 66 L.Ed. 239 ].) The situations conjured up by respondent are not here involved, and respondent is limited in his attack to the application of the statute to the factual situation now before the court.”
2 later decisions quote this exact passage“act to protect trade-mark owners, distributors and the public against injurious and uneconomic practices in the distribution of articles of standard quality under a distinguished trademark, brand or name.”
2 later decisions quote this exact passage“it is no part of the duty of this court to determine whether the policy embodied in the statute is wise or unwise”
2 later decisions quote this exact passage
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.