Noel v. Ellis’s Empirical Analysis

Citation profile

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

1. ““Can descriptive words be-the subject of a valid trade-mark? According to the doctrine of trade-mark law, they cannot he. At the same time the courts have decided that the originator is entitled to certain proprietary rights in a name which he has used to designate a certain article, and for which he has built up a reputation and a business, and which he has given the public to understand is an article prepared by him, so that certain words which certainly contain elements of description have been declared by the courts to be valid trade-marks. Such is the case on ‘Cottolene.’ ””

   1 later decision quote this exact passage
   e.g. Standard Varnish Works v. Fisher, Thorsen & Co.