Liebowitz v. Elsevier Science Ltd.’s Empirical Analysis
1996
Citation profile
2 district ·
Relationships
Relies on Carnegie v. United States · California State Board of Equalization v. Western Marina Corp. · Glidden Company v. Zdanok Et Al. · Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · United Drug Co. v. Theodore Rectanus Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A trademark is, essentially, a designation of origin. It serves to inform the public of the source of the goods. As the public comes to know a trademark, it relies on the trademark as a sign that the goods sold under that trademark are of the same quality as goods that it has purchased from that source before. This public association between goods of a certain quality and a trademark benefits the owner of the trademark by making it easy for consumers to find its product and it benefits consumers by allowing them more easily to find goods of a particular producer that have given them satisfaction in the past. “These functions of trademarks have led the law to treat trademarks differently from other species of property. Because the value of a trademark arises from its association with goods.of a particular quality and source, a trademark comes into existence only once it is affixed to goods in commerce. Likewise, a trademark cannot be transferred except in connection with a business. Otherwise, the mark would cease to signify the source and quality of the goods to which.it once related and the public would be confused or misled by continued use of the trademark. For the same reasons," although a trademark can be licensed, the licensor must retain some degree of control over the quality of the goods marketed under the trademark by the licensee.” Liebowitz v. Elsevier Science Ltd., 927 F.Supp. 688, 695-96 (S.D.N.Y.1996) (citations omitted).”
2 later decisions 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.