883 F. Supp. 2d 400 - Lopez v. Gap, Inc.’s Empirical Analysis
2012
Citation profile
1 district ·
Relationships
Applies 15 U.S.C. § 1052 (§ 2 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1114 (§ 32 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)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Two Pesos, Inc. v. Taco Cabana, Inc. · Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n · Polaroid Corp. v. Polarad Electronics 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the Court appreciates the modest nature of Lopez’s business and that it is unrealistic to expect him to mount more than a very modest survey, and therefore assigns little weight to this factor, this factor, ultimately, cannot support a finding of secondary meaning [because plaintiff did not submit any study].”); Sports Traveler II, 25 F.Supp.2d at 164 (rejecting plaintiffs argument that it”
1 later decision quote this exact passage · from the majority“to be protected under the Lanham Act, a mark must also be 'used in a way sufficiently public to identify or distinguish the marked goods in an appropriate segment of the public mind as those of the adopter of the mark.'”
1 later decision quote this exact passage · from the majority“mark may either be (1) inherently distinctive, where its intrinsic nature serves to identify its particular source; or (2) distinctive by virtue of having acquired a secondary meaning in the minds of consumers.”
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.