NuPulse, Inc. v. Schlueter Co.’s Empirical Analysis
853 F.2d 545 · 1988
Citation profile
23 federal appellate · 1 district ·
How this case has been cited
Cited by 42 later decisions — most recently May 2013 · most notably Taco Cabana International, Inc. v. Two Pesos, Inc. (1991), United States v. Hayward (1993)
23 federal appellate · 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. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))
Relies on Richards v. United States · Florida Power & Light Co. v. Lorion · Mart Corporation v. Cartier Inc 47th Street Photo Inc · Fleischmann Distilling Corp. v. Maier Brewing Co. · Trans Alaska Pipeline Rate Cases
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the Supreme Court has recognized limitations on the requirement that statutory language be interpreted literally. A literal construction is inappropriate if it would lead to absurd results or would thwart the obvious purposes of the statute.”
3 later decisions quote this exact passage · from the majority“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.... In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount.... The court in exceptional cases may award reasonable attorney fees to the prevailing party.”
2 later decisions quote this exact passage · from the majority“In ascertaining the plain meaning of the statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole.”
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.