Trademarks

Judge Learned Hand, writing on Yale Electric Corp. v. Robertson (1928), said of a merchant's trademark, “His mark is his authentic seal; by it he vouches for the goods which bear it; it carries his name for good or ill. If another uses it, he borrows the owner's reputation, whose quality no longer lies within his own control.” The U.S. government recognizes and provides mechanisms to protect a trademark, service marks, certification marks, and collective marks. According to the U.S. Patent and Trademark Office, “A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate ...