Gray v. Daffy Dan's Bargaintown’s Empirical Analysis
823 F.2d 522 · 1987
Citation profile
1 district ·
How this case has been cited
Cited by 9 later decisions — most recently May 2006
1 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. § 1052 (§ 2 of the Trademark Act of 1946 (Lanham Act))
Relies on South Corporation v. United States · Application of Beatrice Foods Co. Application of Fairway Foods, Inc · Weiner King, Inc. v. Wiener King Corp.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Beatrice Foods, there had been an overlap in use by the parties. However, there, the parties worked out a settlement under which each agreed to recognize and honor the exclusive rights of the other in separate areas of use. In other words, one party obtained rights in the “overlap” area, and the other party expressly withdrew from that area to avoid confusion to the public. In contrast, the record here shows, not merely that the junior party inadvertently or temporarily entered into the senior party’s territory, but that such use was continuing at the time of the board’s decision with no agreement between the parties that it would cease.”
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.