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snelson
 
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snelson
Total Posts:  464
Joined  03-06-2005
 
 
 
01 July 2014 22:41
 

Hi all,

I recently wrote an article about an old court case (not about heraldry, but about trademarks):

 

http://cschs.org/images_features/CSCHS_2014-spring-summer.pdf#page=24

 

One thing I didn’t include in the article is a little blurb from one of the briefs that I pasted below.  It isn’t significant, except as a curiosity, but I hope you find it as interesting as I did:


Quote:

...it is no peculiar monopoly that is demanded by the possessor, of a trademark for his property.  It is a right which the progressive liberality of the age seeks to widen and protect…there is a system of hieroglyphics of ancient origin, built up by every civilized nation, to dignify and illustrate the virtue of hereditary excellence.  It has its symbols and vocabulary almost arbitrary in character, its laws, its officers, and history.  By it, when the brave knight or patriotic subject had assumed or received a device, a crest, a motto to distinguish him and his descendants for real or reputed worth, he was secured in his claim; and any pretender thereto was punished.  No charge has ever been substantiated that such claims as heraldry advanced tended towards injurious monopoly – that buck’s head or lion – blazonry of tincts or epigrammatic motto were drawn out of the language or the province of Art to the damage of posterity.  The trademark owner claims for his device like protection with that once granted to the gentry in their coat armor.  The days of heraldic visitations are gone by; and in our republican country, an injury to a citizen, by assuming his arms, would seem as much out of keeping with the spirit of the age as the appearance of a pursuivant – Rouge Dragon or Blue Mantle – in his gay tabard before this Court.  But it is not the right which is dead: it is the use…

 

 
Jeremy Keith Hammond
 
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Jeremy Keith Hammond
Total Posts:  789
Joined  20-06-2008
 
 
 
02 July 2014 21:27
 

I’d be interested in learning more about the source of the quote. Very interesting.

 
snelson
 
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snelson
Total Posts:  464
Joined  03-06-2005
 
 
 
02 July 2014 21:58
 

Quote:

I’d be interested in learning more about the source of the quote.


It was written by Timothy H. Rearden, counsel for the respondents in the above mentioned trial, and can be found on pages 22-23 of the Brief and Argument for Respondents filed in the case.

 
ninest123
 
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ninest123
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20 August 2018 23:12
 

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