The Lost Unfair Competition Law

110 Trademark Reporter 739 (2020)

American University, WCL Research Paper No. 2020-24

64 Pages Posted: 15 Oct 2020 Last revised: 16 Oct 2020

See all articles by Christine Haight Farley

Christine Haight Farley

American University - Washington College of Law

Date Written: September 1, 2020

Abstract

The accepted metaphor that trademark law is a species of the genus of unfair competition law distorts both the actual history and the relationship between the two. Tracing the development of the law reveals a related sequence of significant events, some of which have been forgotten. This back-story suggests that a particularly innovative treaty incorporated by reference into the Lanham Act was meant to be the vehicle for unfair competition protection. As a result of this lost law, unfair competition law remains an enigma today.

Keywords: unfair competition, trademark law, unfair trade practices, legal history, international intellectual property law, treaty law

Suggested Citation

Farley, Christine Haight, The Lost Unfair Competition Law (September 1, 2020). 110 Trademark Reporter 739 (2020), American University, WCL Research Paper No. 2020-24, Available at SSRN: https://ssrn.com/abstract=3541804 or http://dx.doi.org/10.2139/ssrn.3541804

Christine Haight Farley (Contact Author)

American University - Washington College of Law ( email )

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United States
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HOME PAGE: http://wcl.american.edu/faculty/farley

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