Gaia Technologies, Inc. v. Reconversion Technologies, Inc.’s Empirical Analysis
93 F.3d 774 · 1996
Citation profile
15 federal appellate · 2 district ·
How this case has been cited
Cited by 47 later decisions — most recently December 2020 · most notably Textile Productions, Inc. v. Mead Corp. (1998), Paradise Creations, Inc. v. UV Sales, Inc. (2003)
15 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. § 1060 (§ 10 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1331 · 28 U.S.C. § 1367 · 35 U.S.C. § 100 · 35 U.S.C. § 261 · 35 U.S.C. § 271
Relies on United Mine Workers of America v. Gibbs · Liteky v. United States · Tennessee v. Middlebrooks · Rite-Hite Corporation Hmh Hoj Rb We v. Kelley Company Inc · Checkers Drive-In Restaurants, Inc. v. Commissioner of Patents & Trademarks
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general matter, parties should possess rights before seeking to have them vindicated in court. Allowing a subsequent assignment to automatically cure a standing defect would unjustifiably expand the number of people who are statutorily authorized to sue. Parties could justify the premature initiation of an action by averring to the court that their standing through assignment is imminent. Permitting non-owners and licensees the right to sue, so long as they eventually obtain the rights they seek to have redressed, would enmesh the judiciary in abstract disputes, risk multiple litigation, and provide incentives for parties to obtain assignments in order to expand their arsenal and the scope of litigation. Inevitably, delay and expense would be the order of the day.”
2 later decisions quote this exact passage · from the majority“This sale will include all assets and liabilities of the Corporation and any interest in the contracts dealing with the purchase of the assets of Entek Corporation or James Turner....”
1 later decision quote this exact passage · from the majority“Absent ownership of the Intellectual Property, [Plaintiff] lacked standing to sue on the”
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.