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19 Nov 2019, 3:43 pm
Thus, because when the Seventh Amendment was ratified trademark rights had “been long recognized by the common law and the chancery courts of England,” Trade-Mark Cases, 100 U.S. 82, 92 (1879), this part of the Supreme Court’s test is indeterminate.The second prong -- the nature of the remedy -- is the “more important” consideration and provides substantially more guidance here. [read post]
