Although the history of trademarks is well catalogued in various review
articles and books in different jurisdictions, one particular missing link is whether
trademarks are sources of market power—from a historical perspectives. This article
addresses exactly that question, and presents some of the legal encounters that
support the historical narrative that trademarks are sources of market power, by
examining selected trademark cases—centuries apart in England and the United
States. The overall purpose of these discussions is aimed at situating the law and
policy of trademarks in the antitrust regime when significant historical trademark
cases are brought into the equation and whether a prediction can be made that
trademarks are increasingly heading into a clash with the antitrust regime

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• Trademarks as Sources of Market Power: Legal and Historical Encounters