Bennett v. McKinley’s Empirical Analysis
65 F. 505 · 1895
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 15 later decisions — most recently January 1972
9 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
Relies on Brown Chemical Co. v. Meyer · Manufacturing Co. v. Trainer · Selchow v. . Baker · Davis v. Kendall · Hiram Holt Co. v. Wadsworth
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whether a word claimed as a trade-mark is available because it is a fanciful or arbitrary name, or whether it, is obnoxious to the objection of being descriptive, must depend upon the circumstances of each case. The word which would be fanciful or arbitrary when applied to one article may be descriptive when applied to another. If it is so ax>t and legitimately significant of some quality of the article to which it is sought to be axjplied that its exclusive concession to one person would tend to restrict others from properly describing their own similar articles, it cannot be the subject of a monopoly. On the other hand, if it is merely suggestive, or is figurative only, it may be a good trade-mark, notwithstanding it is also indirectly or remotely descriptive.””
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.