Turn-of-the-Century Brand Marketing and Legal Protection

The late 1800s saw increased trademark protection, particularly for marks that were distinctive rather than descriptive. Technical trademarks were distinguished from trade names. The latter were enforced by “passing off” lawsuits under unfair competition rather than trademark infringement. Copyright protection of labels was clarified and the U.S. Supreme Court also definitively ruled that copyright law protects artistic images and expression used in advertising. This would encourage brand image advertising.