Hall v. Bed Bath & Beyond, Inc.’s Empirical Analysis
705 F.3d 1357 · 2013
Citation profile
2 federal appellate · 3 district ·
Relationships
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 35 U.S.C. § 271 · 35 U.S.C. § 292
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Conley v. Gibson · Swierkiewicz v. Sorema N. A. · Bonito Boats, Inc. v. Thunder Craft Boats, 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Hall argues that BB & B did not copy a publicly available product from the marketplace, but copied his proprietary towel that he showed to BB & B in the course of discussion of a business relationship. BB & B accepted the sample towel, and had it copied. We agree with Hall that design patent infringement is not his only possible remedy, and that principles of patent law preemption do not override potential causes of action based on unfair commercial practices.... [F]ederal preemption does not apply to the circumstances set forth in the pleadings.”
1 later decision quote this exact passage · from the majority“state law cannot protect an unpatented utilitarian or design conception which has been freely disclosed by its author to the public at large.... [but] all state regulation of potentially patentable but unpatented subject matter is not ipso facto pre-empted by the federal patent laws in the complex balance between the policy of unencumbered movement of unpatented ideas, and principles of morality and fairness that are within state authority.”
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.