In 1879 the United States Supreme Court first had the opportunity (and necessity) to address whether Congress had been granted in the Constitution the power to enact legislation to protect trademarks. Since 1879 there have been many cases involved trademark issues that have wound up the top Court in the United States. But a summary start to finish of all Supreme Court trademark cases is even a bit ambitious for us in a single article. Thus, what follows is a summary of those trademarks issues that have reached the Supreme Court over the last generation.
October overwhelmingly means one thing in the legal world. No, not Halloween, although to some it may seem just as scary. Every October the United States Supreme Court breaks its hibernation and starts its new session. Every case heard and decision handed down by the Supreme Court between October 1, 2012 and the end of June 2013 will be a part of the Court’s October 2012 term. This, the first of what will be a handful of SCOTUS related intellectual property articles, is a summary of the most important Supreme Court copyright fair use cases dating back to Baker v. Selden in 1879.