Weiss Associates, Inc. v. HRL Associates, Inc.’s Empirical Analysis
902 F.2d 1546 · 1990
Citation profile
6 federal appellate · 2 district ·
How this case has been cited
Cited by 31 later decisions — most recently April 2020 · most notably Cae Incorporated v. Clean Air Engineering Incorporated (2001), 30 F. App'x 964 - Royal Appliance Mfg. Co. v. Minuteman Intlernational, Inc. (2002)
6 federal appellate · 2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1057 (§ 7 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1071 (§ 21 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1295
Relies on Sweats Fashions, Inc. v. Pannill Knitting Co. · In re E. I. DuPont DeNemours & Co. · Giant Food, Inc. v. Nation's Foodservice, Inc. · Stock Pot Restaurant, Inc. v. Stockpot, Inc. · In re Bed & Breakfast Registry
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is especially hard to distinguish between TMS and TMM when the marks only differ by the last letter. Because it is hard to distinguish between these letters, the mark TMM is confusing with TMS."”
1 later decision quote this exact passage · from the majority“The marks sound alike and look alike. The products are very similar and directly compete. In looking at the factors, there is no doubt there is ample evidence to support likelihood of confusion”
1 later decision quote this exact passage · from the majority“[t]he number and nature of similar marks in use on similar goods.”
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.