Microsoft Corp. v. Grey Computer’s Empirical Analysis
1995
Citation profile
5 federal appellate · 8 district ·
How this case has been cited
Cited by 23 later decisions — most recently March 2014
5 federal appellate · 8 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. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1116 (§ 34 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1141 (§ 60 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976)
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Sony Corporation of America v. Universal City Studios Inc · Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · Lambert v. People of the State of California
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Any person who shall, without the consent of the registrant— (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake or to deceive ... shall be liable in a civil action by the registrant.”
3 later decisions quote this exact passage · from the majority“(1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorec-ords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.”
1 later decision quote this exact passage · from the majority“Where a case is exceptional, the Court may also award reasonable attorneys’fees. 15 U.S.C. § 1117 . Courts have held that “[a] trademark case is exceptional for purposes of an award of attorneys’ fees where the infringement is malicious, fraudulent, deliberate or wilful.” ____“Typically, attorneys’ fees cases involve deliberate attempts by the defendant to pass off its goods as those of the plaintiff by applying plaintiffs trademark to defendant’s 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.