Common Law Trademark Rights (BitLaw)
The ancient law of England primarily based upon societal customs and recognized and enforced by the judgments and decrees of the courts. This early centralization also diminished the reception of Roman law in England, in contrast to most other nations of Europe after the decline of feudalism The expression common law,” devised to distinguish the common law from neighborhood or group customs and privileges, came to recommend to citizens a universal law, founded on explanation and superior in type.
Upon the theory that the English colonists carried with them the entire system of the English law as it existed at the time of their migration from the fatherland, the colonial courts adopted and acted upon the theory that each colony, at the extremely moment of its inception, was governed by the legal system of England such as the juridical principles administered by the common law courts and by the Higher Court of Chancery.
The Constitution of the United States of America, Write-up III, Section two, authorizes Courts of Law and Courts of Equity Judicial Equity is authorized but nowhere does the Constitution of the United States of America authorize a single bit of either Federal Executive branch of government Equity jurisdiction, or Federal Legislative branch of government Equity jurisdiction.
As per the Panel in Chandler Horsley v. Fundacion Private Whois , common law rights have to be confirmed by robust and significant evidence of continual use and recognition from the objective clients of the goods or services…Awarding common law rights to any expression to eventually granting the identical status of either a trademark or service mark with out appropriate proof, would be improper behavior of this Panel and also extremely unjust…”.
But the Americans also inherited from the British the tradition of declaring constitutional principles in writing—a tradition that extended back at least to Magna Carta and forward to the English Bill of Rights —and not a couple of provisions of the latter seem in virtually unaltered type in the early American constitutions and in the Bill of Rights that figures so prominently in American constitutional law nowadays.