Visa Usa Inc v. Birmingham Trust National Bank’s Empirical Analysis
696 F.2d 1371 · 1982
Citation profile
6 federal appellate · 8 district · 4 state decisions
How this case has been cited
Cited by 52 later decisions — most recently March 2021 · most notably Gallo Winery v. Gallo Cattle Company (1992), Sands Taylor Wood Company v. Quaker Oats Company (1992)
6 federal appellate · 8 district · 4 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. § 1055 (§ 5 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1060 (§ 10 of the Trademark Act of 1946 (Lanham Act))
Relies on United Drug Co. v. Theodore Rectanus Co. · Consolidated Edison Co. of New York v. United States · South Corporation v. United States · United States Jaycees v. Philadelphia Jaycees · Money Store v. Harriscorp Finance, Inc.
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“provide[ ] for adequate control ... over the quality of goods or services produced under the mark.”
3 later decisions quote this exact passage · from the majority“A valid transfer of a mark ... does not require the transfer of any physical or tangible assets. All that is necessary is the transfer of the goodwill to which the mark pertains.”
2 later decisions quote this exact passage · from the majority“[a] registered mark or a mark for which application to register has been filed shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark, and in any such assignment it shall not be necessary to include the goodwill of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted....”
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.