Marshak v. Green’s Empirical Analysis
746 F.2d 927 · 1984
Citation profile
16 federal appellate · 7 district · 5 state decisions
How this case has been cited
Cited by 61 later decisions — most recently February 2021 · most notably Defiance Button Machine Company v. C & C Metal Products Corp (1985), Sugar Busters LLC v. Brennan (1999)
16 federal appellate · 7 district · 5 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 Consolidated Edison Co. of New York v. United States · Prestonettes, Inc. v. Coty · Port Chester Electrical Construction Corp. v. Atlas · Money Store v. Harriscorp Finance, Inc. · Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John Wanamaker
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Use of the mark by the assignee in connection with a different goodwill and different product would result in a fraud on the purchasing public who reasonably assume that the mark signifies the same thing, whether used by one person or another.”
6 later decisions quote this exact passage · from the majority“The courts have upheld such assignments if they find that the assignee is producing a product or performing a service substantially similar to that of the assignor and that the consumers would not be deceived or harmed.”
3 later decisions quote this exact passage · from the majority“[t]here are no rights in a trademark apart from the business with which the mark has been associated; they are inseparable”
2 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.