Trade-Mark Cases

Trade-Mark Cases

The Trade-Mark Cases, 100 U.S. 82 (), 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.

External links

* [http://supreme.justia.com/us/100/82/case.html Full text opinion from Justia.com]


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