HTS, Inc. v. Boley’s Empirical Analysis
2013
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 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)) · 28 U.S.C. § 1331 · 28 U.S.C. § 1367 · 28 U.S.C. § 1920 · 28 U.S.C. § 1923 · 28 U.S.C. § 1961
Relies on Hensley v. Eckerhart · Story Parchment Co. v. Paterson Parchment Paper Co. · Ed. Kerr v. Screen Extras Guild, Inc., a Corporation, Richard A. Perkins, Counsel for Ed Kerr v. Screen Extras Guild, Inc., a Corporation, H. O'Neil Shanks, and Norman Stevans, Richard A. Perkins, Counsel For · Amf Incorporated v. Sleekcraft Boats E · Brookfield Communications, Inc. v. West Coast Entertainment Corp.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means. (b) Disclosure or use of a trade secret of another without express or implied consent by a person who either: (i) Used improper means to acquire knowledge of the trade secret. (ii) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use or was derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use. (iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.”
1 later decision quote this exact passage“(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”
1 later decision quote this exact passage“[s]uch intentional acts or gross neglect of duty as to evince a reckless indifference to the rights of others on the part of the wrongdoer, and an entire want of care so as to raise the presumption that the person at fault is conscious of the consequences of his carelessness”
1 later decision quote this exact passage
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.