Sega Enterprises Ltd. v. Accolade, Inc.’s Empirical Analysis
977 F.2d 1510 · 1992
Citation profile
48 federal appellate · 13 district · 4 state decisions
How this case has been cited
Cited by 147 later decisions (2 by the Supreme Court) — most recently April 2024 · most notably Campbell v. Acuff-Rose Music, Inc. (1994), Gates Rubber Company v. Bando Chemical Industries Limited Usa R (1993)
48 federal appellate · 13 district · 4 state decisions
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. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 117 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 906
Relies on Feist Publications, Inc. v. Rural Telephone Service Co. · Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sony Corporation of America v. Universal City Studios Inc · Nicholas v. United States
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the purpose and character of the use, including whether such a use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.”
8 later decisions quote this exact passage · from the majority“either a likelihood of success on the merits and the possibility of irreparable injury, or that serious questions going to the merits were raised and the balance of hardships tips sharply in its favor.”
4 later decisions quote this exact passage · from the majority“[A]n attempt to monopolize the market by making it impossible for others to compete runs counter to the statutory purpose of promoting creativeexpression and cannot constitute a strong equitable basis for resisting the invocation of the fair use doctrine.”
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.