Lamothe’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 1 state decisions

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Reverse passing off is accomplished 'expressly' when the wrongdoer removes the name or trademark on another party's product and sells that product under a name chosen by the wrongdoer. 'Implied' reverse passing off occurs when the wrongdoer simply removes or otherwise obliterates the name of the manufacturer or source and sells the product in an unbranded state.”

   4 later decisions quote this exact passage · from the majority
   e.g. Summit Machine Tool Manufacturing Corp. v. Victor CNC Systems, Inc. · 344 F. Supp. 2d 1211 - Aagard v. Palomar Builders, Inc.

2. “[a]s a matter of policy, such conduct, like traditional palming off, is wrongful because it involves an attempt to misappropriate or profit from another’s talents and workmanship. Moreover, in reverse palming off cases, the originator of the misidentified product is involuntarily deprived of the advertising value of [his] name and the goodwill that otherwise would stem from public knowledge of the true source of the satisfactory product. The ultimate purchaser (or viewer) is also deprived of knowing the true source of the product and may even be deceived into believing that it comes from a different source.”

   2 later decisions quote this exact passage · from the majority
   e.g. Summit Machine Tool Manufacturing Corp. v. Victor CNC Systems, Inc. · Arthur A. Jacobs Anthony Lawrence v. Transocean Entertainment, a California Corporation Earl Berman, Individually and D/B/A Concept International Esther G. Freifeld, Individually and D/B/A Concept International Coral Productions N v. a Netherlands Antilles Corporation Michael Roy Brainscan (North America) Productions, Inc., a Delaware Corporation Triumph Releasing Corporation, a Delaware Corporation Summit Entertainment, L.P., a California Limited Partnership the Franco/kiwi Alliance, Inc., a California Corporation, Arthur A. Jacobs Anthony Lawrence v. Transocean Entertainment, a California Corporation, and Earl Berman, Individually, D/B/A Concept International Coral Productions N v. Brainscan (North America) Productions, Inc. Triumph Releasing Corporation Summit Entertainment, L.P. The Franco/kiwi Alliance, Inc.

3. “Any person who shall affix, apply, or annex, or use in connection with any goods or services... a false designation of origin, or any false description of representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description ... shall be liable to a civil action by any person... who believes that he is or is likely to be damaged by the use of such false description or representation.”

   1 later decision quote this exact passage · from the majority
   e.g. Zito v. Steeplechase Films, Inc.