Parallel Importation in U.S. Trademark Law

By Timothy H. Hiebert | Go to book overview
Save to active project

Chapter Two
The Rise of Universality A. A TWOFOLD PURPOSE

In the nineteenth century, lawyers seeking to explain the purposes of trademark protection might conceivably have been content to enunciate only a "private property" rationale, focusing only on the trademark's function of channeling profits to the enterprise whose goodwill was associated with the mark. This alone, it seems, might have been an ample justification for trademark protection, as it was for patent and copyright protection. 1 Instead, however, nineteenth-century American legal thinkers repeatedly felt it necessary to emphasize the simultaneous significance of trademarks to the consuming public.

This tendency found its earliest judicial expression in 1849, in the New York City Superior Court's opinion in Amoskeag Manufacturing Co. v. Spear. 2 That case arose from the defendant's use on cloth of marks resembling emblems the plaintiff used on its own similar fabrics. Before modifying a lower court's injunction against the defendant, Justice John Duer set forth "the general rules" of trademark law, as he understood them. In particular, he focused on the linked interests of the public and the trademark owner--protecting a manufacturer's "unquestionable right" to use trademarks was "not only the evident duty of a court as an act of justice," he asserted, "but the interests of the public, as well as of individuals, require that the necessary protection shall be given." 3

Duer's conception of the public interest had two distinct components, each intimately bound up with the trademark owner's private interest. First, trademark protection was likely "to produce and encourage a competition by which


Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Cite this page

Cited page

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Parallel Importation in U.S. Trademark Law


Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 182

matching results for page

Cited passage

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?