The Trade-Mark Cases
United States Supreme Court
100 U.S. 82 (1879)
Relevant factsFree
Congress passed a federal trademark registration and civil-remedy scheme in 1870, followed by criminal penalties for trademark fraud and counterfeiting in 1876. Three separate circuit court criminal prosecutions under these statutes each raised constitutional challenges to the federal trademark scheme, and the Supreme Court granted review to resolve the laws' validity, with proponents arguing Congress had authority under both the Patent and Copyright Clause and the Commerce Clause.
IssueFree
Whether Congress's 1870 and 1876 federal trademark statutes are constitutional under either the Patent and Copyright Clause or the Commerce Clause.