In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court

Forthcoming chapter in Forgotten Comparative Intellectual Property Law, Edward Elgar Publishing, 2020

39 Pages Posted: 2 Jun 2020

See all articles by Zvi S. Rosen

Zvi S. Rosen

Southern Illinois University School of Law

Date Written: May 4, 2020

Abstract

In 1879, the US Supreme Court famously struck away federal trademark law in the TradeMark Cases, leading Congress to leap into action and pass a new trademark statute within two years. Much less famously, though, the same thing happened again 24 years later in a largely forgotten case, Warner v. Searle & Hereth, leading to the passage of the 1905 trademark law within two years. This is the story of how a commercial dispute between two early pharmaceutical companies led to the first American trademark law of the 20th Century.

Keywords: trademarks, pharmaceuticals, intellectual property, first amendment, legal history, legislation

Suggested Citation

Rosen, Zvi S., In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court (May 4, 2020). Forthcoming chapter in Forgotten Comparative Intellectual Property Law, Edward Elgar Publishing, 2020, Available at SSRN: https://ssrn.com/abstract=3593074

Zvi S. Rosen (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

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