Source Services Corp. v. Source Telecomputing Corp.’s Empirical Analysis
1986
Citation profile
2 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 13 later decisions — most recently November 2017
2 federal appellate · 1 district · 1 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. § 1065 (§ 15 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. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act))
Relies on Adickes v. S. H. Kress & Co. · Ohio Bureau of Employment Services v. Hodory · Poller v. Columbia Broadcasting System, Inc. · Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · Public Broadcasting Service v. Network Project
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“These conclusive presumptions, however, do not prove the strength of plaintiff’s incontestable marks. Even if this Court found that plaintiff’s marks are descriptive, ... the conclusive presumption that the marks have a secondary meaning established by the statutory incontestability of plaintiff’s [marks] does not automatically transfer into a conclusive presumption of strength in a likelihood of confusion analysis.”
1 later decision quote this exact passage · from the majority“Incontestability does not broaden a trademark in the sense that it allows a registrant to claim rights over a greater range of products than he would otherwise be entitled to claim; but once incontestability is established, registrant’s mark is immune from challenge on any grounds not enumerated in § 1115(b).”
1 later decision quote this exact passage · from the majority“To the extent that the reported statements of the members of the public identified therein can be considered hearsay, the statements are admissible under Fed. R. Evid. 803(3) as a statement of the declarant's then existing state of mind, i.e., the declarant's confusion as to the source of 'The Source.'”
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.