Gordon v. Drape Creative, Inc.’s Empirical Analysis
909 F.3d 257 · 2018
Citation profile
Relationships
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)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1291
Relies on Spence v. State of Washington · San Francisco Arts & Athletics, Inc. v. United States Olympic Committee · Bleistein v. Donaldson Lithographing Co. · Amf Incorporated v. Sleekcraft Boats E · Rogers v. Grimaldi
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“apply the Act to an expressive work only if the defendant's use of the mark (1) is not artistically relevant to the work or (2) explicitly misleads consumers as to the source or the content of the work.”
1 later decision quote this exact passage · from the majority“construes the Lanham Act to apply to expressive works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression.”
1 later decision quote this exact passage · from the majority“Effectively, Rogers employs the First Amendment as a rule of construction to avoid conflict between the Constitution and the Lanham Act.”
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.