Silverstein v. Penguin Putnam, Inc.’s Empirical Analysis
2007
Citation profile
1 district ·
Relationships
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 103 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 301 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 410 (§ 101 of the Copyright Act of 1976)
Relies on Bell Atlantic Corp. v. Twombly · Conley v. Gibson · Feist Publications, Inc. v. Rural Telephone Service Co. · Dastar Corp. v. Twentieth Century Fox Film Corp. · Cruz v. Coach Stores, 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103 ... are governed exclusively by this title.... [N]o person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.”
1 later decision quote this exact passage · from the majority“It is well-settled that a claim for reverse passing off predicated on the theory that defendant's product replicates plaintiff's expressions contains no extra element and is therefore preempted.”
1 later decision quote this exact passage · from the majority“'Reverse passing off,' as its name implies, is the opposite: The producer misrepresents someone else's goods or services as his own.”
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.