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← 704 F.2d 426 - Shakey's Incorporated v. Covalt Shakey's Incorporated

Shakey's Incorporated v. Covalt Shakey's Incorporated’s Empirical Analysis

704 F.2d 426 · 1983

Citation profile

143
cited by 143 later decisions
1
states following
September 2017
most recently cited

72 federal appellate · 15 district · 1 state decisions

How this case has been cited

Cited by 143 later decisions — most recently September 2017 · most notably Peterson v. Kennedy (1985), Clicks Billiards Inc Texas Corporation v. Sixshooters Inc an Arizona Corporation (2001)

72 federal appellate · 15 district · 1 state decisions

6901983199020002010decided

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. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1821

Relies on Erie Co v. Tompkins · Kerr v. United States District Court for the Northern District of California · Democratic Party of the United States v. Wisconsin ex rel. La Follette · 103 S. Ct. 247 - Beneficial Finance of Kansas, Inc. v. United States · Texas v. Certain Named & Unnamed Undocumented Alien Children

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 143 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A written contract must be read as a whole and every part interpreted with reference to the whole.”
    6 later decisions quote this exact passage · from the majority
  2. “Preference must be given to reasonable interpretations as opposed to those that are unreasonable, or that would make the contract illusory.”
    4 later decisions quote this exact passage · from the majority
  3. “(1) similarity of the marks; (2) proximity or relatedness of services; (3) strength of the mark; (4) evidence of actual confusion; (5) marketing channels used; (6) type of goods and degree of care likely to be exercised by the purchaser; (7) defendant’s intent in selecting the mark; (8) likelihood of expansion of the product line.”
    3 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.