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The 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 ... [...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. ... [...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] |
Trademarks
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, ... [...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 ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champagne
Champagne (, ) is a sparkling wine originated and produced in the Champagne wine region of France under the rules of the appellation, that demand specific vineyard practices, sourcing of grapes exclusively from designated places within it, specific grape-pressing methods and secondary fermentation of the wine in the bottle to cause carbonation. The grapes Pinot noir, Pinot meunier, and Chardonnay are used to produce almost all Champagne, but small amounts of Pinot blanc, Pinot gris (called Fromenteau in Champagne), Arbane, and Petit Meslier are vinified as well. Champagne became associated with royalty in the 17th, 18th, and 19th centuries. The leading manufacturers made efforts to associate their Champagnes with nobility and royalty through advertising and packaging, which led to its popularity among the emerging middle class. Origins Still wines from the Champagne region were known before medieval times. The Romans were the first to plant vineyards in this are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whiskey
Whisky or whiskey is a type of distilled alcoholic beverage made from fermented grain mash. Various grains (which may be malted) are used for different varieties, including barley, corn, rye, and wheat. Whisky is typically aged in wooden casks, which are typically made of charred white oak. Uncharred white oak casks previously used for the aging of sherry are also sometimes used. Whisky is a strictly regulated spirit worldwide with many classes and types. The typical unifying characteristics of the different classes and types are the fermentation of grains, distillation, and aging in wooden barrels. Etymology The word ''whisky'' (or ''whiskey'') is an anglicisation of the Classical Gaelic word (or ) meaning "water" (now written as in Modern Irish, and in Scottish Gaelic). This Gaelic word shares its ultimate origins with Germanic ''water'' and Slavic ''voda'' of the same meaning. Distilled alcohol was known in Latin as ("water of life"). This was translated into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 life, education, and medical career Born in Richmond, Kentucky, Miller was the son of yeoman farmer Frederick Miller and his wife Patsy. He earned a medical degree in 1838 from Transylvania University in Lexington, Kentucky. While practicing medicine for a decade in Barbourville, Kentucky, he studied the law on his own and was admitted to the bar in 1847. Favoring the abolition of slavery, which was prevalent in Kentucky, he supported the Whigs in Kentucky. Career In 1850, Miller moved to Keokuk, Iowa, which was a state more amenable to his views on slavery, and he immediately freed his few slaves who had come with his family from Kentucky. Active in Iowa politics, he supported Abraham Lincoln in the 1860 election. Lincoln nominated Miller to the Supreme Court on July 16, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1879 In United States Case Law
Events January–March * January 1 – The Specie Resumption Act takes effect. The United States Note is valued the same as gold, for the first time since the American Civil War. * January 11 – The Anglo-Zulu War begins. * January 22 – Anglo-Zulu War – Battle of Isandlwana: A force of 1,200 British soldiers is wiped out by over 20,000 Zulu warriors. * January 23 – Anglo-Zulu War – Battle of Rorke's Drift: Following the previous day's defeat, a smaller British force of 140 successfully repels an attack by 4,000 Zulus. * February 3 – Mosley Street in Newcastle upon Tyne (England) becomes the world's first public highway to be lit by the electric incandescent light bulb invented by Joseph Swan. * February 8 – At a meeting of the Royal Canadian Institute, engineer and inventor Sandford Fleming first proposes the global adoption of standard time. * March 3 – United States Geological Survey is founded. * March 11 – Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
