I agree, Kevin, that MT saw his reputation as a commodity to  be protected.  it's just too bad that he couldn't formalize the trademark as officially as he could secure his copyrights.
Judith


Judith Yaross Lee
Professor of Communication Studies 
and Director of Honors Tutorial Studies
School of Communication Studies
Ohio University
Lasher Hall
Athens, Ohio 45701
T: 740-593-4844
F: 740-593-4810
 

On Apr 19, 2012, at 11:28 AM, "Kevin Mac Donnell" <[log in to unmask]> wrote:

> I dunno nuttin bout plain text nor rich text, sorry. I must have something 
> in my email program set just right...
> 
> BTW, it is true Twain lost his case against the Canadian pirate, but after a 
> careful reading of the legal documents and the judge's ruling I don't think 
> that the trademark issue was the central issue. The real issue was that 
> Twain's lawyer failed to make clear to the court that the material being 
> reprinted was copyrighted. The judge explicitly said that a trademark could 
> protect vendible property but not literary property, and that a trademark 
> could not offer the same protection as a copyright. He also mutters about 
> whether a pen-name could offer more or less protection than a given name (he 
> says "no"), and he muses on other issues that don't relate to trademarks. 
> Not seeing any evidence of copyright, he ruled against Twain. I don't see 
> anything in the ruling that refutes Twain's claim to a trademark on his 
> pen-name. In fact, from what the judge says, it seems clear to me that if 
> vendible goods had been involved instead of literary property, he would 
> probably have ruled in favor of Twain. Also, if evidence of copyright had 
> been presented he clearly would have ruled in Twain's favor --but because of 
> copyright law, not trademark law.
> 
> In a letter to Chatto & Windus, Twain makes clear that he was hoping to use 
> trademark law to protect against reprints of his writings. In this regard 
> it's interesting to note that Twain's lawyers didn't go back to court with 
> evidence of copyright for the writings in question. It seems they were 
> hoping to get a ruling that would extend trademark protection to literary 
> property, and failing in that, they dropped it.
> 
> There's quite a bit of correspondence from Twain about the use of his name 
> to endorse products. My general impression is that he was quite generous 
> when asked, and when not asked he seldom seemed to care (or else never 
> noticed). In the case of one product he jokingly wrote a letter begging the 
> manufacturer not to use his name, knowing that they would use the very 
> letter he was sending them --and they did. He was sometimes even flattered 
> to see his name used.
> 
> His writings were another matter entirely, and he famously obsessed over 
> infringements. Twain clearly recognized his writings as having commercial 
> value, but he was very slow to realize the commercial value of his name and 
> image. Of all people, he had Ralph Ashcroft to thank for that.
> 
> Kevin
> @
> Mac Donnell Rare Books
> 9307 Glenlake Drive
> Austin TX 78730
> 512-345-4139
> Member: ABAA, ILAB
> *************************
> You may browse our books at
> www.macdonnellrarebooks.com
> 
> ----- Original Message ----- 
> From: "Effgen, A. B." <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, April 19, 2012 9:27 AM
> Subject: Re: Mark Twain in advertising -
> 
> 
>> Kevin's wide spectrum of knowledge on Twain is impressive, but his ability 
>> =
>> to post clear prose not affected by the rich text/plain text problem on 
>> the=
>> Listserv flabbergasts me.
>> 
>> What is your secret, and more importantly, what am I doing wrong?
>> 
>> Very confused,
>> Alex Effgen
>> 
>> "High and fine literature is wine, and mine is only water; but everybody 
>> li=
>> kes water."
>> 
>> -----Original Message-----
>> From: Mark Twain Forum [mailto:[log in to unmask]] On Behalf Of Kevin Mac 
>> Don=
>> nell
>> Sent: Wednesday, April 18, 2012 12:16 PM
>> To: [log in to unmask]
>> Subject: Re: Mark Twain in advertising -
>> 
>> The New England poets dominated during that period, but Twain holds his 
>> own=
>> against other popular authors of his day. He was included in several 
>> Briti=
>> sh and American tobacco insert card series, and in two major stock trade 
>> ca=
>> rd series that featured various authors and famous personalities besides 
>> Tw=
>> ain.=20
>> He was included in more than two dozen versions of the Game of Authors 
>> card=
>> game, and was featured (like Dickens and Shakespeare) on the box lid in 
>> se=
>> veral versions. A dozen different cigar companies used his image on their 
>> b=
>> ox labels and in their advertising. During his lifetime his name and/or 
>> ima=
>> ge was used to promote or sell fruit and other foods, vacation resorts, 
>> dry=
>> goods, barber shops, horses available for stud, pens, the PTA, patent 
>> medi=
>> cine, booze, coal, etc., etc. His name and books also inspired various 
>> game=
>> s for children. I have an extensive collection of the ephemera using his 
>> na=
>> me and image both during his lifetime and after, all of the card games, 
>> cig=
>> ar boxes, dozens of trade cards, large advertising signs, and the various 
>> b=
>> oard games based on his works. I'm in the middle of writing a lengthy 
>> artic=
>> le on this topic so I can't share the fruits of my labor in more detail.
>> 
>> You see a lot of Oscar Wilde advertising generated by his visit to 
>> America,=
>> but his light burned bright and brief. You see a lot of dead authors like 
>> =
>> Shakespeare and Dickens because their writings were either in the public 
>> do=
>> main and/or the unauthorized use of their image could not be easily 
>> control=
>> led. I think Twain had his name trademarked by the early 1880s (does 
>> somebo=
>> dy have the exact date handy?) but that did not slow the unauthorized use 
>> o=
>> f his name and image. Things improved somewhat after 1908 when the Mark 
>> Twa=
>> in Company was formed.
>> 
>> Kevin
>> @
>> Mac Donnell Rare Books
>> 9307 Glenlake Drive
>> Austin TX 78730
>> 512-345-4139
>> Member: ABAA, ILAB
>> *************************
>> You may browse our books at
>> www.macdonnellrarebooks.com
>> 
>> ----- Original Message -----
>> From: "Kit Barry" <[log in to unmask]>
>> To: <[log in to unmask]>
>> Sent: Wednesday, April 18, 2012 12:12 PM
>> Subject: Mark Twain in advertising -
>> 
>> 
>>> =3D46rom the mid-1870's through the 1890's the advertising trade card 
>>> was=
>> =3D
>>> a major format in
>>> advertising products of the time. All manner of subjects and images were 
>>> =
>> =3D
>>> used on trade
>>> cards. Authors were one of the subjects used. By 1900, the trade card =3D
>>> was obsolete.
>>> 
>>> In trade cards, the writers most commonly referenced were Longfellow, =3D
>>> Dickens,=3D20
>>> Shakespeare, and Wilde. These references were made through quotes 
>>> from=3D=
>> 20=3D
>>> 
>>> their works, sometimes including attendant images. Sometimes the author
>>> reference would be just a picture of the writer with birth / death =3D
>>> notes.
>>> 
>>> There is a conspicuous lack of Twain presence in this format of =3D
>>> advertising. I would=3D20
>>> expect to see more examples of Twain appearing in advertising trade =3D
>>> cards. Can=3D20
>>> anyone give me some specific explanations for this absence of Twain's =3D
>>> presence
>>> in 19th century advertising.
>>> 
>>> Kit Barry
>>> The Ephemera Archive for American Studies
>>> Brattleboro, Vermont=3D
>>> 
>>> 
>>> 
>>> -----
>>> No virus found in this message.
>>> Checked by AVG - www.avg.com
>>> Version: 2012.0.1913 / Virus Database: 2411/4944 - Release Date: 04/18/12
>>> =20
>> 
>> 
>> 
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>> 
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> 
> 
> 
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