Trade-Mark Cases
Encyclopedia
The Trade-Mark Cases, 100 U.S. 82
(1879), were a set of three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause
of the Constitution gave Congress no power to protect or regulate trademarks. 100 U.S. 82 (1879). Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause
power, and therefore passed constitutional muster.
The cases below were United States v. Steffens, United States v. Wittemean, and United States v. Johnson. The first two cases dealt with alleged counterfeiting of marks associated with champagne
. The third dealt with alleged counterfeiting of a mark associated with whiskey.
The opinion was written by Justice Samuel Freeman Miller
.
The Court did not exclude all possibility of Congress regulating trademarks. Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause. It was not until 1905 that Congress would again enact a trademark law generally governing marks in use in the United States, though the 1905 act was also carefully worded to fall within the Commerce Clause.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1879), were a set of three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause
Copyright Clause
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:- Other Terms :This clause is also referred to as:* Copyright and Patent Clause* Patent and Copyright Clause...
of the Constitution gave Congress no power to protect or regulate trademarks. 100 U.S. 82 (1879). Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
power, and therefore passed constitutional muster.
The cases below were United States v. Steffens, United States v. Wittemean, and United States v. Johnson. The first two cases dealt with alleged counterfeiting of marks associated with champagne
Champagne (beverage)
Champagne is a sparkling wine produced by inducing the in-bottle secondary fermentation of the wine to effect carbonation. The term "Champagne" is used to refer to wine produced exclusively within the Champagne region of France,, from which it takes its name.The primary grapes used in the...
. The third dealt with alleged counterfeiting of a mark associated with whiskey.
The opinion was written by Justice Samuel Freeman Miller
Samuel Freeman Miller
Samuel Freeman Miller was an associate justice of the United States Supreme Court from 1862–1890. He was a physician and lawyer.-Early life and education:...
.
The Court did not exclude all possibility of Congress regulating trademarks. Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause. It was not until 1905 that Congress would again enact a trademark law generally governing marks in use in the United States, though the 1905 act was also carefully worded to fall within the Commerce Clause.