Gordon v. Drape Creative, Inc.’s Empirical Analysis
897 F.3d 1184 · 2018
Citation profile
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Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1057 (§ 7 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1291
Relies on Spence v. State of Washington · Rogers v. Grimaldi · Mattel Inc. v. Walking Mountain Productions · Roth Greeting Cards v. United Card Co. · Parks v. Laface Records
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.
“• The fronts of two "Election Cards" showed a picture of a honey badger wearing a patriotic hat and stated "The Election's Coming." The inside of one card said "Me and Honey Badger don't give a $#%@! Happy Birthday," and the inside of the other said "Honey Badger and me just don't care. Happy Birthday." • The fronts of two "Birthday Cards" featured different pictures of a honey badger and stated either "It's Your Birthday!" or "Honey Badger Heard It's Your Birthday." The inside of both cards said "Honey Badger Don't Give a S- - -." • The fronts of two "Halloween Cards" showed a picture of a honey badger next to a jack-o-lantern and stated "Halloween is Here." The inside of the cards said either "Honey Badger don't give a $#*%!" or "Honey Badger don't give a s- - -." • A "Critter Card" employed a Twitter-style format showing a series of messages from "Honey Badger@don'tgiveas- - -." The front stated "Just killed a cobra. Don't give a s- - -"; "Just ate a scorpion. Don't give a s- - -"; and "Rolling in fire ants. Don't give a s- - -." 3 The inside said "Your Birthday's here ... I give a s- - -."”
1 later decision quote this exact passage“), designed and produced greeting cards using both phrases with slight variations. Gordon brought this suit for trademark infringement, and the district court granted summary judgment for defendants, holding that Gordon's claims were barred by the test set forth in Rogers v. Grimaldi , 875 F.2d 994 (2d Cir. 1989). We use the Rogers test to balance the competing interests at stake when a trademark owner claims that an expressive work infringes on its trademark rights. The test construes the Lanham Act to apply to expressive works”
1 later decision quote this exact passage“as an alias on social media. 1 Defendant DCI is a greeting-card design studio. DCI works exclusively with American Greetings Corporation and its subsidiaries, which include the other defendant in this case, PRG. PRG is a greeting-card manufacturer and distributor. A In January 2011, under the name Randall, Gordon posted a video on YouTube titled The Crazy Nastyass Honey Badger , featuring National Geographic footage of a honey badger overlaid with Gordon's narration. In the video, Gordon repeats variations of the phrases”
1 later decision quote this exact passage
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.