During the Middle Ages, European trade guilds began using marks to indicate who made a specific product. Bell makers were among the first to adopt the practice, followed by other manufacturers including paper makers. They added watermarks so people would know who made that particular sheet.
In 1266, the Bakers Marking Law, which governed the use of stamps or pinpricks on loaves of bread, was passed in England. It is one of the earliest known laws on trademarks. Silversmiths were required to mark their products in 1363.
Bottle makers and porcelain manufacturers also followed suit, possibly influenced by Chinese porcelain, which bore markings indicating its origin.
One of the earliest court cases involving the improper use of a trademark occurred in England in 1618. The manufacturer of high-quality cloth sued a competitor who produced lower-quality cloth, but used the marking reserved for top-quality cloth. The case, Southern v. How, is considered the first case of actual trademark infringement.
In 1751 Parisian furniture makers were required to sign their work with marks.In the U.S., Thomas Jefferson urged the adoption laws governing trademarks because of a dispute over sail cloth marks in 1791. While federal legislation was not forthcoming, some states passed their own laws. For instance, Michigan required marks to indicate the origin of timber in 1842.
Federal trademark legislation was passed in 1870. Averill Paints received a trademark under this law in 1870, making it the first modern trademark issued in the U.S.
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