Cardozo Arts & Entertainment Law Journal
Abstract
The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.
Disciplines
Entertainment, Arts, and Sports Law | First Amendment | Law | Legal History
Recommended Citation
Jessica Litman,
Keynote Address,
39
Cardozo Arts & Ent. L.J.
855
(2021).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol39/iss3/3
Included in
Entertainment, Arts, and Sports Law Commons, First Amendment Commons, Legal History Commons