Marshak v. Treadwell’s Empirical Analysis
595 F.3d 478 · 2009
Citation profile
3 federal appellate · 3 district ·
How this case has been cited
Cited by 21 later decisions — most recently July 2023
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. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1291
Relies on Dandridge v. Williams · Chambers v. Nasco, Inc. · In re Oliver · State v. Simpson · Golden State Bottling Company Inc v. National Labor Relations Board
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Factors relevant to the “mere continuation” exception include continuity of ownership; continuity of management; continuity of personnel; continuity of physical location, assets and general business operations; and cessation of the prior business shortly after the new entity is formed. Also relevant is the extent to which the successor intended “to incorporate [the predecessor] into its system with as much the same structure and operation as possible.” Thus the court should determine whether “the purchaser holds itself out to the world as the effective continuation of the seller.””
2 later decisions quote this exact passage · from the majority“We review a district court’s decision on a motion for contempt for abuse of discretion.” Marshak v. Treadwell, 595 F.3d 478, 485 (3d Cir.2009) (citing Roe v. Operation Rescue, 54 F.3d 133, 137 (3d Cir.1995)).”
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.