Abstract:
Although the history of trademarks is well catalogued in various review articles and books in different jurisdictions, one particular missing link is whether trademarks are sources of market power – from a historical perspective. This article addresses exactly that question, and presents some of the legal encounters that support the historical narrative that trademarks are sources of market power, by examining selected trademark cases – centuries apart in England and the United States. The overall purpose of these discussions is aimed at situating the law and policy of trademarks in the antitrust regime when significant historical trademark cases are brought into the equation and whether a prediction can be made that trademarks are increasingly heading into a clash with the antitrust regime.
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P Sean Morris, Trademarks as Sources of Market Power: Legal and Historical Encounters, Liverpool Law Review. DOI: 10.1007/s10991-017-9191-9. First Online: 30 January 2017.
First posted 2017-02-08 06:36:50
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