Applied Information Sciences Corp. v. eBay, Inc.’s Empirical Analysis
511 F.3d 966 · 2007
Citation profile
3 federal appellate · 3 district ·
How this case has been cited
Cited by 33 later decisions — most recently May 2022 · most notably Mindys Cosmetics, Inc. v. Dakar (2010), Pom Wonderful LLC v. Hubbard (2014)
3 federal appellate · 3 district ·
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. § 1057 (§ 7 of the Trademark Act of 1946 (Lanham Act)) · 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))
Relies on Amf Incorporated v. Sleekcraft Boats E · Brookfield Communications, Inc. v. West Coast Entertainment Corp. · Transgo, Inc. v. Ajac Transmission Parts Corp. · Levi Strauss & Co. v. Blue Bell, Inc. · Remy Martin Co Sa v. Shaw-Ross International Imports Inc F
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]ny person who, on or in connection with any goods or services ... uses in commerce ... any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which' — ■ (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities ....”
1 later decision quote this exact passage · from the majority“Although the validity of a registered mark extends only to the listed goods or services, an owner's remedies against confusion with its valid mark are not so circumscribed.'' Applied Info. Scis. Corp. v. eBay, Inc., 511 F.3d 966 , 971 (9th Cir.2007). Thus, having “established a protectable interest by proving it is the owner of a registered trademark, [Pom Wonderful] does not additionally have to show that [Pur’s] allegedly confusing use in volves the same goods or services listed in the registration.” Id. at 972 . 6 . Before 2003, “standard character” marks were called”
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.