Public-domain · open source
OpenJurist
← 60 FSUPP3D 634 - Stat Ltd. v. Beard Head, Inc.

Stat Ltd. v. Beard Head, Inc.’s Empirical Analysis

2014

Citation profile

2
cited by 2 later decisions
May 2019
most recently cited

Relationships

Applies 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)) · 15 U.S.C. § 2 (§ 2 of the Sherman Antitrust Act) · 35 U.S.C. § 271

Relies on Bell Atlantic Corp. v. Twombly · Two Pesos, Inc. v. Taco Cabana, Inc. · Edwards v. City of Goldsboro · Perini Corporation v. Perini Construction Inc · Lone Star Steakhouse Saloon Incorporated v. Alpha of Virginia Incorporated

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

  1. “secondary meaning [is] factual in nature and typically ill-suited for a motion to dismiss.”
    2 later decisions quote this exact passage · from the majority
  2. “an inherently factual review rarely resolved at the motion to dismiss stage”
    2 later decisions quote this exact passage · from the majority
  3. “Defendants' The Dream Flat product has an overall appearance that is confusingly similar and substantially the same as the trade dress of Rothy's The Flat product, as demonstrated by the side-by-side comparison below: Id. 24. Finally, Rothy's pleads: The shape, design and look of Defendants' The Dream. Flat product is confusingly similar to Rothy's The Flat product, and incorporates the distinctive features of The Flat product. Id. ¶ 53. As Stat Ltd. explained, "the likelihood of confusion is a factual issue dependent on the circumstances of each case and is ill-suited for resolution on a motion to dismiss.”
    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.