Kevin, 
The attempt to claim "Mark Twain" as a trademark failed in court.  Barbara Schmidt has included the judge's decision on the twainquotes.com website.
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 18, 2012, at 12:14 PM, "Kevin Mac Donnell" <[log in to unmask]> wrote:

> 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 British 
> and American tobacco insert card series, and in two major stock trade card 
> series that featured various authors and famous personalities besides Twain. 
> 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 
> several versions. A dozen different cigar companies used his image on their 
> box labels and in their advertising. During his lifetime his name and/or 
> image was used to promote or sell fruit and other foods, vacation resorts, 
> dry goods, barber shops, horses available for stud, pens, the PTA, patent 
> medicine, booze, coal, etc., etc. His name and books also inspired various 
> games for children. I have an extensive collection of the ephemera using his 
> name and image both during his lifetime and after, all of the card games, 
> cigar boxes, dozens of trade cards, large advertising signs, and the various 
> board games based on his works. I'm in the middle of writing a lengthy 
> article 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 
> domain and/or the unauthorized use of their image could not be easily 
> controlled. I think Twain had his name trademarked by the early 1880s (does 
> somebody have the exact date handy?) but that did not slow the unauthorized 
> use of his name and image. Things improved somewhat after 1908 when the Mark 
> Twain 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 -
> 
> 
>> =46rom the mid-1870's through the 1890's the advertising trade card was =
>> a major format in
>> advertising products of the time. All manner of subjects and images were =
>> used on trade
>> cards. Authors were one of the subjects used. By 1900, the trade card =
>> was obsolete.
>> 
>> In trade cards, the writers most commonly referenced were Longfellow, =
>> Dickens,=20
>> Shakespeare, and Wilde. These references were made through quotes from=20=
>> 
>> their works, sometimes including attendant images. Sometimes the author
>> reference would be just a picture of the writer with birth / death =
>> notes.
>> 
>> There is a conspicuous lack of Twain presence in this format of =
>> advertising. I would=20
>> expect to see more examples of Twain appearing in advertising trade =
>> cards. Can=20
>> anyone give me some specific explanations for this absence of Twain's =
>> presence
>> in 19th century advertising.
>> 
>> Kit Barry
>> The Ephemera Archive for American Studies
>> Brattleboro, Vermont=
>> 
>> 
>> 
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> 
> 
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