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← 505 FSUPP 1054 - Marshak v. Green

Marshak v. Green’s Empirical Analysis

1981

Citation profile

18
cited by 18 later decisions
May 2019
most recently cited

4 federal appellate · 5 district ·

How this case has been cited

Cited by 18 later decisions — most recently May 2019

4 federal appellate · 5 district ·

1001981199020002010decided

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. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1115 (§ 33 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. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))

Relies on In re Kauffman Mutual Fund Actions · Glidden Company v. Zdanok Et Al. · Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n · Armstrong Paint & Varnish Works v. Nu-Enamel Corp. · Menendez v. Holt

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

  1. ““Moreover, the infringement was intentional. ‘That [defendants] persuaded [themselves they] had a legal right to pursue the course [they] did diminishes neither the fact of [their] violation of [Marshak’s] rights, nor the force of its impact upon the consumer. That a course is stubbornly pursued does not render it innocent. The very persistence in the infringing conduct over the prompt protest of [Marshak] not only emphasizes its willfulness, but continues the wrong, entitling [Marshak] to judicial redress.’ Marshak is thus entitled to a decree as sought by him enjoining defendants from continuing to perform under the name ‘The Drifters’ or any variant thereof. The decree shall include a prohibition against use of the mark ‘The Drifters’ on any billboard or other promotional material and a requirement that defendants surrender to plaintiff any promotional materials bearing the name “The Drifters.’ ” Marshak v. Green, 505 F.Supp at 1061 (citation omitted).”
    1 later decision quote this exact passage · from the majority
  2. “Courts adhere to traditional common-law contract principles even in trademark cases as long as holding a party to his obligations is not inconsistent with the public policy of preventing confusion and deception as to the origin of goods or services.”
    1 later decision quote this exact passage · from the majority
  3. “[T]he essence of what [plaintiff] acquired was the right to inform the public that [he] is in possession of the special experience and skill symbolized by the name of the original concern, and of the sole authority to market its services.”
    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.