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Research Handbook on the History of Trademark Law
Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK, and the US.
More Information
Critical Acclaim
Contents
More Information
Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK, and the US.
Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability, and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries. In addition, it features important case studies on Guinness, Jaeger, Jaffa, and Swedish Match, and offers new insights into the history of the UK Trade Mark Registration Act and the US Lanham Act.
Enriching understandings of the history of trademark law, this Research Handbook is an indispensable read for intellectual property scholars, legal historians and law students. Legal practitioners working in the intellectual property field will also find it to be a useful resource.
Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability, and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries. In addition, it features important case studies on Guinness, Jaeger, Jaffa, and Swedish Match, and offers new insights into the history of the UK Trade Mark Registration Act and the US Lanham Act.
Enriching understandings of the history of trademark law, this Research Handbook is an indispensable read for intellectual property scholars, legal historians and law students. Legal practitioners working in the intellectual property field will also find it to be a useful resource.
Critical Acclaim
‘This carefully curated and richly diverse Research Handbook on trademark history provides illuminating and challenging perspectives on the role of trademarks in contemporary society. It contains penetrating theoretical and policy analyses, buttressed by informative case studies drawn from multiple jurisdictions and periods. Highly recommended for those working in trademarks law or, more generally, to anyone with an interest in legal history.’
– Sam Ricketson, Melbourne Law School, Australia
‘Trademark law is the most organic of the major intellectual property regimes. Given that character, one cannot fully understand the current and future shape of trademark law without a proper appreciation of its past. This spectacular volume offers an unparalleled analysis of trademark history, advanced by some of the leading scholars in the field. Beyond its important value to all those engaged with trademark law, this work is a testament to the intellectual and practical role(s) of history in the development of legal principles, beautifully illuminating the contingency of legal evolution.’
– Graeme B. Dinwoodie, IIT Chicago-Kent College of Law, USA
‘This is a much needed Research Handbook that exposes rare perspectives beyond the conventional views of trademark laws in the diverse jurisdictions covered within the book. It provides historical insights that are critical for understanding and advancing trademark laws today. A thoroughly enjoyable and thought-provoking read, and an invaluable resource.’
– Catherine Ng, University of Aberdeen, UK
‘A must-read book on trademarks by top scholars in the field. Brilliant insights on trademark law in changing historical, economic, and cultural contexts. Essential for the academy and of great interest for law practitioners, brand managers, and any professional linked to the world of branding.’
– Patricio Sáiz, Universidad Autónoma de Madrid, Spain
‘The history and evolution of the law protecting brands and trademarks has long been neglected by legal historians when its siblings – patents and copyright – have been showered with scholarship. The editors of this excellent Research Handbook bring together leading experts to explore the development and some of the distinctive idiosyncrasies past and present of this neglected field, making it essential reading for all serious trademark scholars.’
– Phillip Johnson, Cardiff University, UK
‘The chapters in this Research Handbook offer a variety of topics and approaches from legal history to case studies. Each is well researched and well written. While excited to read some chapters, I was surprised to find interesting ideas in all of them.’
– Ross D. Petty, Babson College, USA
– Sam Ricketson, Melbourne Law School, Australia
‘Trademark law is the most organic of the major intellectual property regimes. Given that character, one cannot fully understand the current and future shape of trademark law without a proper appreciation of its past. This spectacular volume offers an unparalleled analysis of trademark history, advanced by some of the leading scholars in the field. Beyond its important value to all those engaged with trademark law, this work is a testament to the intellectual and practical role(s) of history in the development of legal principles, beautifully illuminating the contingency of legal evolution.’
– Graeme B. Dinwoodie, IIT Chicago-Kent College of Law, USA
‘This is a much needed Research Handbook that exposes rare perspectives beyond the conventional views of trademark laws in the diverse jurisdictions covered within the book. It provides historical insights that are critical for understanding and advancing trademark laws today. A thoroughly enjoyable and thought-provoking read, and an invaluable resource.’
– Catherine Ng, University of Aberdeen, UK
‘A must-read book on trademarks by top scholars in the field. Brilliant insights on trademark law in changing historical, economic, and cultural contexts. Essential for the academy and of great interest for law practitioners, brand managers, and any professional linked to the world of branding.’
– Patricio Sáiz, Universidad Autónoma de Madrid, Spain
‘The history and evolution of the law protecting brands and trademarks has long been neglected by legal historians when its siblings – patents and copyright – have been showered with scholarship. The editors of this excellent Research Handbook bring together leading experts to explore the development and some of the distinctive idiosyncrasies past and present of this neglected field, making it essential reading for all serious trademark scholars.’
– Phillip Johnson, Cardiff University, UK
‘The chapters in this Research Handbook offer a variety of topics and approaches from legal history to case studies. Each is well researched and well written. While excited to read some chapters, I was surprised to find interesting ideas in all of them.’
– Ross D. Petty, Babson College, USA
Contents
Contents
1 Introduction to trade mark history 1
Lionel Bently and Robert G. Bone
PART I IDEAS, BELIEFS, AND CONCEPTS
2 A distinctive absence: registrable trade marks in 1875 17
Dev S. Gangjee
3 Brand property from below 59
Oren Bracha
4 Designing goodwill: from graphic design to trademarks 103
Jose Bellido
5 Commercial marks and signs in European jurisprudence, 1300–1600 127
Robert Fredona and Teresa da Silva Lopes
6 Beyond the brand: trademarks through the lens of information 161
Paul Duguid
PART II REGULATORY MODELS AND RULE CHOICES
7 The garden path and the road not taken: the Australian approach to
trade mark ownership and its connection with a lost model of trade
mark registration 191
Robert Burrell and Michael Handler
8 Secondary liability in U.S. trademark law: the ambivalent legacy of
Warner v Eli Lilly & Co. 219
Mark D. Janis
9 Colour in trade mark law 248
N.M. Dawson
PART III SOCIAL, ECONOMIC, AND POLITICAL CONTEXT
10 “Pure genius?” Guinness and trade mark protection, c. 1890–1914 284
David M. Higgins
11 The nineteenth-century history of the Jaeger trade mark in Britain 330
Elena Cooper
12 Emergence of a brand: a case of Jaffa Oranges from Mandate Palestine 353
Michael Birnhack
13 Historical trade mark form and function: Swedish Match labels 380
Amanda Scardamaglia
14 Trade marks and truth telling: sweated labour and the marking of goods
in Britain, 1860–1920 409
Jennifer Davis
15 Edward S. Rogers, the Lanham Act, and the common law 427
Jessica Litman
Index 466
1 Introduction to trade mark history 1
Lionel Bently and Robert G. Bone
PART I IDEAS, BELIEFS, AND CONCEPTS
2 A distinctive absence: registrable trade marks in 1875 17
Dev S. Gangjee
3 Brand property from below 59
Oren Bracha
4 Designing goodwill: from graphic design to trademarks 103
Jose Bellido
5 Commercial marks and signs in European jurisprudence, 1300–1600 127
Robert Fredona and Teresa da Silva Lopes
6 Beyond the brand: trademarks through the lens of information 161
Paul Duguid
PART II REGULATORY MODELS AND RULE CHOICES
7 The garden path and the road not taken: the Australian approach to
trade mark ownership and its connection with a lost model of trade
mark registration 191
Robert Burrell and Michael Handler
8 Secondary liability in U.S. trademark law: the ambivalent legacy of
Warner v Eli Lilly & Co. 219
Mark D. Janis
9 Colour in trade mark law 248
N.M. Dawson
PART III SOCIAL, ECONOMIC, AND POLITICAL CONTEXT
10 “Pure genius?” Guinness and trade mark protection, c. 1890–1914 284
David M. Higgins
11 The nineteenth-century history of the Jaeger trade mark in Britain 330
Elena Cooper
12 Emergence of a brand: a case of Jaffa Oranges from Mandate Palestine 353
Michael Birnhack
13 Historical trade mark form and function: Swedish Match labels 380
Amanda Scardamaglia
14 Trade marks and truth telling: sweated labour and the marking of goods
in Britain, 1860–1920 409
Jennifer Davis
15 Edward S. Rogers, the Lanham Act, and the common law 427
Jessica Litman
Index 466
