Unconstitutional trademark acts
The United States justified its original attempt at establishing federal trademarks by pointing to the Copyright Clause in the Constitution. The Trade Mark Act of 1870 (within the Copyright Act of 1870) and the Trade Mark Act of 1876 were tested in a series of United States Supreme Court cases, called the Trade-Mark Cases, and ruled unconstitutional because that clause did not cover trademarks.[1]
Before being ruled unconstitutional, they were the subjects of other Supreme Court cases: Delaware & Hudson Canal Co. v. Clark, Amoskeag Manufacturing Co. v. D. Trainer & Sons, and McLean v. Fleming.
The Trade Mark Act of 1881, instead, justified its authority under the Commerce Clause.
Further reading
gollark: 𝕃𝕪𝕣𝕚𝕔𝕃𝕪 𝕚𝕤 𝕤𝕥𝕦𝕡𝕚𝕕; 𝔼𝕤𝕠𝕝𝕒𝕟𝕘𝕤 𝕒𝕣𝕖 𝕔𝕠𝕠𝕝.𝙻𝚢𝚛𝚒𝚌𝙻𝚢 𝚒𝚜 𝚜𝚝𝚞𝚙𝚒𝚍; 𝙴𝚜𝚘𝚕𝚊𝚗𝚐𝚜 𝚊𝚛𝚎 𝚌𝚘𝚘𝚕.
gollark: 𝓛𝔂𝓻𝓲𝓬𝓛𝔂 𝓲𝓼 𝓼𝓽𝓾𝓹𝓲𝓭; 𝓔𝓼𝓸𝓵𝓪𝓷𝓰𝓼 𝓪𝓻𝓮 𝓬𝓸𝓸𝓵.
gollark: 𝗟𝘆𝗿𝗶𝗰𝗟𝘆 𝗶𝘀 𝘀𝘁𝘂𝗽𝗶𝗱; 𝗘𝘀𝗼𝗹𝗮𝗻𝗴𝘀 𝗮𝗿𝗲 𝗰𝗼𝗼𝗹.
gollark: What? Why?
gollark: ||spoiler spoiler spoiler spoiler spoiler spoiler||
References
- Trade-Mark Cases, 100 U.S. 82 (1879).
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