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Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.
Judge Lord made his opinions accessible and potentially persuasive to a public auidence through his attention to judicial personal, argument structures that helped to maintain a sense of dramatic narrative, the use of plain language, and the use of substitution, metaphor, and comparison. In addition to offering practical insights into the operation of trial courts, judicial persuasion, and the settlement of some important cases, provides an overview of different judicial approaches to the use of rhetoric. This in-depth study of a noted judge and important trials can serve as a useful text for students in law, communications, public policy, and American studies and will be of interest to scholars and professionals alike.