Early American Federal Trademark Law and the Law of Nations

Unformatted draft of book chapter adapted for Intellectual Property and the Law of Nations, 1860–1920 (P. Sean Morris, Ed., Brill 2022)

52 Pages Posted: 16 Feb 2022

See all articles by Zvi S. Rosen

Zvi S. Rosen

Southern Illinois University School of Law

Date Written: February 15, 2022

Abstract

From 1869 to 1879, many European nations rushed to conclude bilateral treaties for trademark protection with the United States, either with the expectation of a federal law or under the first federal trademark law passed in 1870. However, in 1879 the US Supreme Court held the 1870 Act unconstitutional, throwing that system into disarray. This piece will explore these early trademark treaties, situate them in the context of developments in the law and society during this period, and explore how the Supreme Court's 1879 decision in the Trade-Mark Cases affected the course of international trademark law. This piece adapts the author's earlier scholarship on this era of U.S. trademark law to greater engage the transatlantic development of trademark law.

Keywords: trademarks, intellectual property, international law, legal history

Suggested Citation

Rosen, Zvi S., Early American Federal Trademark Law and the Law of Nations (February 15, 2022). Unformatted draft of book chapter adapted for Intellectual Property and the Law of Nations, 1860–1920 (P. Sean Morris, Ed., Brill 2022), Available at SSRN: https://ssrn.com/abstract=4035692

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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