Carol Barnhart Inc. v. Economy Cover Corp.’s Empirical Analysis
773 F.2d 411 · 1985
Citation profile
37 federal appellate · 9 district ·
How this case has been cited
Cited by 103 later decisions — most recently February 2024 · most notably Entertainment Research Group, Inc. v. Genesis Creative Group, Inc. (1997), M. Kramer Manufacturing Co. v. Andrews (1986)
37 federal appellate · 9 district ·
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)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 405 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 410 (§ 101 of the Copyright Act of 1976)
Relies on Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · Mazer v. Stein · Lewy v. Weinberger · Harelson v. United States · Bleistein v. Donaldson Lithographing 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”
7 later decisions quote this exact passage · from the majority“[p]ictorial, graphic, and sculptural works”
5 later decisions quote this exact passage · from the majority“forms possess aesthetic or artistic features that are physically or conceptually separable from the forms' use as utilitarian objects to display clothes”
4 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.