Anti-Monopoly, Inc. v. General Mills Fun Group’s Empirical Analysis
611 F.2d 296 · 1979
Citation profile
37 federal appellate · 12 district · 3 state decisions
How this case has been cited
Cited by 89 later decisions — most recently June 2015 · most notably Transgo, Inc. v. Ajac Transmission Parts Corp. (1985), Atari, Inc. v. North American Philips Consumer Electronics Corp. (1982)
37 federal appellate · 12 district · 3 state decisions
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. § 1064 (§ 14 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1065 (§ 15 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 35 U.S.C. § 1
Relies on Beacon Theaters Inc v. C Westover · United States v. E. I. Du Pont De Nemours & Co. · Dairy Queen, Inc. v. Wood · Bullock v. United States · Glidden Company v. Zdanok Et Al.
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[To] establish a trade name in the term “shredded wheat” the plaintiff must show more than a subordinate meaning [an association of the product with the plaintiff’s factory] which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but the producer.”
2 later decisions quote this exact passage · from the majority“[i]f the primary significance of the trademark is to describe the type of product rather than the producer, the trademark [is] a generic term and [cannot be] a valid trademark.”
2 later decisions quote this exact passage · from the majority“has come to be understood as referring to the genus of which the particular product is a species.”
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.