Copyright 2002 Dr. Kathleen Kaplan
Right to Own Trademarks
�Not guaranteed in the U.S. Constitution
�The
first trademark laws were enacted by Congress in 1870 and
1876.� These were deemed
unconstitutional as they referred to state matters.� In 1881 and 1905 Congress passed
statutes addressing the interstate use of trademarks.
�Covered under
statutory law and case law.