Sawyer v. Kellogg’s Empirical Analysis

Citation profile

4 federal appellate · 3 district ·

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

1. ““As to the matter of costs, we find nothing in this ease to take it out of the ordinary rule that a decree for an infringement and an injunction carries costs. The only reason suggested hy the counsel for the defendant was that no demand was made before suit that the defendant should cease to use the label. We have never understood that in such cases a demand was necessary, nor that an infringer who stoutly contests the suit to the end should be relieved from the payment of the costs which have been incurred in consequence of his wrongdoing and litigation.””

   1 later decision quote this exact passage
   e.g. Hennessy v. Wilmerding-Loewe Co.

2. ““We have no doubt about the propriety of a reference, or of the liability of the defendant. If it can be shown on the accounting that profits were made by his work and labor, or that damages resulted to the complainant therefrom, * * * and if the defendant has damaged the complainant by the unlawful use of the trade-mark, the nature and extent of the damage is a proper subject of inquiry.””

   1 later decision quote this exact passage
   e.g. Hennessy v. Wilmerding-Loewe Co.