Brown: Advertising and the Public Interest

Brown, Advertising and the Public Interest: Legal Protection of Trade Symbols, 57 Yale L.J. 1165 (1948) Abstract from eYLS scholarship repository The law of trade symbols is of modern development, largely judge-made and only partly codified. Its impetus comes from the demands of modem advertising, a black art whose practitioners are part of the larger army which employs threats, cajolery, emotions, personality, persistence and facts in what is termed aggressive selling. Much aggressive selling involves direct personal relationships; advertising depends on the remote manipulation of symbols, most importantly of symbols directed at a mass audience through mass media, or imprinted on mass-produced goods. The essence of these symbols is distilled in the devices variously called trade-marks, trade names, brand names, or trade symbols. To the courts come frequent claims for protection, made by those who say they have fashioned a valuable symbol, and that no one else should use it.…

Read more detail on Recent Advertising Law posts –

This entry was posted in Advertising Law and tagged , , , . Bookmark the permalink.

Leave a Reply