Rosenberg Bros. v. Elliott’s Empirical Analysis
7 F.2d 962 · 1925
Citation profile
44 federal appellate · 9 district · 1 state decisions
How this case has been cited
Cited by 74 later decisions (1 by the Supreme Court) — most recently January 1998 · most notably Federal Trade Commission v. Klesner (1929), Yale Electric Corp. v. Robertson (1928)
44 federal appellate · 9 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
Relies on Hanover Star Milling Co. v. Metcalf · Canal Company v. Clark · Florence Mfg. Co. v. J. C. Dowd & Co. · Aunt Jemima Mills Co. v. Rigney & Co. · Vogue Co. v. Thompson-Hudson Co.
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although there is no testimony that a purchaser was so deceived, we are of the opinion that the advertisements tend to readily deceive the public, * * *. As we have said, the vendors of the hats and caps on sale in the respondent's store had their own trade-mark `Park.' They seemed satisfied with it until the complainant's mark became known nationally. We find nothing which justified them in enlarging their trade-mark to embrace the precise words of the complainant's trade-mark and thereby to reap the advantage of the wide publicity which the complainant had earned by the expenditure of large sums of money in advertising. It is possible unfairly to obtain such advantage by the use of similar words and get up in advertising matter even though the wares of the contesting parties do not actually come into competition. Against a wrong of this kind courts of equity will grant relief.”
1 later decision quote this exact passage · from the majority““It is common knowledge that men’s clothing and men’s hats and caps are worn together. According to the evidence in this case, they are ordinarily sold together. They flow through the same channels of trade. Dealers in this country who sell men’s suits and overcoats almost universally sell men’s hats and caps. And they are advertised together.””
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.