Speaker v. Shaler Co.’s Empirical Analysis

Citation profile

6 federal appellate · 1 district · 5 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It [secondary meaning theory] contemplates that a word or phrase originally, and in that sense primarily, incapable of exclusive appropriation with reference to an article on the market, because geographically or otherwise descriptive, might nevertheless have been used so long and so exclusively by one producer with reference to his article that, in that trade and to that branch of the purchasing public, the word or phrase had come to mean that the article was his product; in other words, had come to be, to them, his trade-mark. So it was said that the word had come to have a secondary meaning.””

   2 later decisions quote this exact passage · from the majority
   e.g. Cooperativa de Cafeteros v. Colón Colón · Bardahl Oil Co. v. Atomic Oil Co. of Oklahoma, Inc.

2. ““The contents thereof were disclosed to the world by filing it in the patent office. Nothing therein could have remained confidential or secret.” At page 987' (Emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Sarkes Tarzian, Inc. v. Audio Devices, Inc.