Keynote Address

The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.