Baker v. DeShong’s Empirical Analysis
821 F.3d 620 · 2016
Citation profile
9 federal appellate ·
Relationships
Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 35 U.S.C. § 285
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Fogerty Fantasy Inc · Fleischmann Distilling Corp. v. Maier Brewing Co. · V Harry E Beck Jr et al.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) there is an unusual discrepancy in the merits of the positions taken by the parties, based on the non-prevailing party's position as either frivolous or objectively unreasonable; (2) the non-prevailing party has litigated the case in an unreasonable manner 3 ; or (3) there is otherwise the need in particular circumstances to advance considerations of compensation and deterrence.”
1 later decision quote this exact passage“where (1) in considering both governing law and the facts of the case, the case stands out from others with respect to the substantive strength of a party's litigating position; or (2) the unsuccessful party has litigated the case in an 'unreasonable manner.'”
1 later decision quote this exact passagee.g. Tobinick v. Novella“have looked to the interpretation of the patent statute for guidance in interpreting”
1 later decision quote this exact passagee.g. Tobinick v. Novella
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.