Reader's Digest Association Inc v. Conservative Digest Inc Reader's Digest Association Inc’s Empirical Analysis
Citation profile
1 federal appellate · 8 district ·
How this case has been cited
Cited by 23 later decisions — most recently September 2023
1 federal appellate · 8 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
Relies on California State Board of Equalization v. Western Marina Corp. · ITT Continental Baking Co. v. William Inglis & Sons Baking Co. · Liegl v. Webb · Chlorine Institute, Inc. v. Occupational Safety & Health Administration · Lieb v. Topstone Industries, 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the plaintiff must demonstrate that the trade dress of its product is primarily nonfunctional. Second, the plaintiff must establish that the trade dress of its product has acquired "secondary meaning”—i.e., that the public has come to recognize the trade dress as associated with the plaintiffs product. Third, the plaintiff must show that the defendant’s trade dress is likely to confuse or mislead consumers, either by causing them to think that the defendant’s product is the plaintiffs product or by causing them to think that the two products come from the same source____”
1 later decision quote this exact passage · from the majority“When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office or a violation under section 1125(a) of this title, shall have been established in any civil action arising under this chapter, the plaintiff shall be entitled, ... subject to the principles of equity, to recover (1) defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action.... The court,in exceptional cases may award reasonable attorney ■fees to the prevailing party.”
1 later decision quote this exact passage · from the majority“defendant ceases [the offending activity] and shows no inclination to repeat the offense.”
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.