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.
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
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