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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.. 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 Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. An early form of trade, barter, saw the direct excha ..., instead, justified its authority under the Commerce Clause. Further reading "Early Develop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of intellectual property laws in the United States and specifically copyright and patent laws, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Act Of 1870
The Copyright Act of 1870, also called the Patent Act of 1870 and the Trade Mark Act of 1870, was a revision to United States intellectual property law, covering copyrights and patents. Eight sections of the bill, sometimes called the Trade Mark Act of 1870, introduced trademarks to United States federal law, although that portion was later deemed unconstitutional after the '' Trade-Mark Cases''. Copyright For copyrights, the Act codified the right of authors to make dramatizations and translations of literary works; copyright had previously been denied to translations by the holding in '' Stowe v. Thomas'' (1853), in which Harriet Beecher Stowe unsuccessfully sued for infringement over a translation of ''Uncle Tom's Cabin'' into German. It also established a legal deposit requirement for copyrighted works; two copies of each work were to be submitted to the Library of Congress. Copyright amendments The act was amended several times for various purposes. * In 1873, Congress ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade-Mark Cases
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 unanimously ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks.. Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause power, and therefore passed constitutional muster. The three cases were ''United States v. Steffens'', ''United States v. Wittemann'', and ''United States v. Johnson''. ''Steffens'' and ''Wittemann'' dealt with alleged counterfeiting of marks associated with champagne, while ''Johnson'' dealt with alleged counterfeiting of a mark associated with whiskey. The opinion was written by Justice Samuel Freeman Miller Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an associate justice of the U.S. Supreme Court from 1862 until his death in 1890. Early l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delaware & Hudson Canal Co
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Delaware Bay, in turn named after Thomas West, 3rd Baron De La Warr, an English nobleman and Virginia's first colonial governor. Delaware occupies the northeastern portion of the Delmarva Peninsula and some islands and territory within the Delaware River. It is the second-smallest and sixth-least populous state, but also the sixth-most densely populated. Delaware's largest city is Wilmington, while the state capital is Dover, the second-largest city in the state. The state is divided into three counties, having the lowest number of counties of any state; from north to south, they are New Castle County, Kent County, and Sussex County. While the southern two counties have historically been predominantly agricultural, New Castle is more ur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amoskeag Manufacturing Co , a rugby team in Manchester, NH
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Amoskeag may refer to: *Amoskeag Falls, a waterfall on the Merrimack River in Manchester, New Hampshire, USA * Amoskeag Manufacturing Company, a former textile manufacturing company *:Amoskeag Company, a company spun off from the Amoskeag Manufacturing Company *Amoskeag Locomotive Works, a former locomotive manufacturing company *Amoskeag Rugby Club The Amoskeag Rugby Football Club is a Rugby union, rugby club in Manchester, New Hampshire. They play in Division I of the New England Rugby Football Union (NERFU). Founded in 1984, they play at the Northeast Athletic Club in Pembroke, New Hampsh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McLean V
MacLean, also spelt Maclean and McLean, is a Gaelic surname Mac Gille Eathain, or, Mac Giolla Eóin in Irish Gaelic), Eóin being a Gaelic form of Johannes (John). The clan surname is an Anglicisation of the Scottish Gaelic "Mac Gille Eathain", a patronymic meaning "son of Gillean". Gillean means "the Servant of aintJohn [the Baptist">he_Baptist.html" ;"title="aintJohn [the Baptist">aintJohn [the Baptist), named for Gilleathain na Tuaidh, known as "Gillian of the Battleaxe", a famous 5th century warrior. Eachan Reaganach and his brother Lachlan were descended from Gilleathain na Tuaidh, and are the progenitors of the clan. The family grew very powerful throughout the Hebrides and Scottish Highlands, Highlands through alliances with the Catholic Church in Scotland in the 9th century, the MacDonald (name), MacDonalds in the 13th century, and the MacKays and MacLeods in the 16th century. Other spellings of the name include McClean, MacLaine, McLaine, McLain, MacLane, and many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Mark Act Of 1881
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. An early form of trade, barter, saw the direct exchange of goods and services for other goods and services, i.e. trading things without the use of money. Modern traders generally negotiate through a medium of exchange, such as money. As a result, buying can be separated from selling, or earning. The invention of money (and letter of credit, paper money, and non-physical money) greatly simplified and promoted trade. Trade between two traders is called bilateral trade, while trade involving more than two traders is called multilateral trade. In one modern view, trade exists due to specialization and the division of labour, a predominant form of economic activity in which individuals and groups concentrate on a small aspect of production, but use their output in trades for other products ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). 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 discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
