Carnivale v. Staub Design, LLC’s Empirical Analysis
2010
Citation profile
Relationships
Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1331
Relies on Joseph Shields the Joe Cartoon Company v. John Zuccarini Cupcake City · Green v. Fornario · International Bancorp, L.L.C. v. Societe des Bains de Mer et du Cercle des Etrangers a Monaco · 700 F. Supp. 2d 660 - Carnivale v. Staub Design, LLC
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendants’ knowing and wholesale inclusion of the mark THE AFFORDABLE HOUSE in the domain name implies that defendants may have sought to divert customers away from plaintiffs website. Moreover, both plaintiff and defendants are in the business of designing house plans and likely compete for at least part of their client bases. The similarities between the parties’ domain names and the nature of their businesses suggest that defendants might be motivated to divert web traffic away from plaintiffs website as a potential competitor.”
1 later decision quote this exact passage · from the majority“the [defendant’s] intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site.”
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.