Trade-mark law in the United States has substantially been made during the past few decades; for the first reported American trade mark case found in the books is that of Bell against Locke, decided by Chancellor Walworth in the Court of Chancery in the State of- New York in January 1840. The following reported American trade-mark cases are 'desultory and sporadic until about the year 1870, when they became more numerous. Since that time, trade mark litigation has vastly increased.
The Philosophy of the Law of Trade marks.— The whole legal and underlying prin ciple of the law embraced in this subject and its entire philosophy are founded upon the the ory of securing honest trade and fair trade in the commerce of our national markets, and the doing of strict justice between man and man, while protecting the extremely valuable property rights which are at the present time found to exist in the transaction of modern business, both in the ability to enjoy unmolested and secure from invasion the marks of com merce, as well as to retain the goodwill of the business in which they are used. In brief, no
one has or can have the right to sell his goods as ostensibly the product of another who has built up a goodwill by pronounced excellence of his products.
Equity has been poetically termed the °flower of justice"; and equity, with its long arm, and with the acute conscience of the court, is able to prevent and remedy acts of injustice, where the law itself would other s wise prove powerless and futile. See. PATENTS.
Bibliography.— Elfreth, W. H., (Patents, Copyrights and Trademarks) (New York 1913) ; Geyer, A., 'Registry of Water Marks and Trade Marks) (New York 1900) • Hopkins, J. L., 'The Law of Trademarks, Tratle Names and Unfair Competition) (Cincinnati 1917) ; Laborde, A., (Traite Theorique et Pratique des Marques de Fabriquex et de Commerce' (Paris 1914) ; Nims, H. D., 'The Law of Un fair Competition and Trade Marks) (New York 1917); Rogers, E. S., 'Good Will, Trade Marks and Unfair Trading) (Chicago 1914); Sebastian, L. B., 'The Law of Trade Marks) (London 1911).