AutoZone, Inc. v. Strick’s Empirical Analysis
543 F.3d 923 · 2008
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 38 later decisions — most recently September 2023 · most notably Cracco v. Vitran Express, Inc. (2009), Maher v. City of Chicago (2008)
7 federal appellate ·
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. § 1051 (§ 1 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. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))
Relies on Estate of Beckwith v. Commissioner of Patents · James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., Incorporated · Scandia Down Corporation v. Euroquilt Inc · International Kennel Club of Chicago, Inc. v. Mighty Star, Inc. · Sands Taylor Wood Company v. Quaker Oats Company
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) 'the similarity between the marks in appearance and suggestion'; (2) the similarity between the parties' products; '(3) the area and manner of concurrent use'; (4) the level of care a consumer would be expected to exercise in discerning the products; (5) the strength of the plaintiff's trademark; (6) actual confusion; and (7) the defendant's intent to pass his product off as the product of another.”
7 later decisions quote this exact passage · from the majority“[O]ur inquiry in comparing the two products is not whether they are interchangeable, but whether the parties' products are the kind the public might very well attribute to a single source.”
2 later decisions quote this exact passage · from the majority“The strength of a mark usually corresponds to its economic and marketing strength.”
2 later decisions 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.