Re: Using Logos in Wikipedia Articles without pemission

At 08:00 AM 10/2/2006, "Kenneth Liu" <KEL[_at_]GG-Law.com> wrote:
>The Trademark Act defines the word "commerce" as "all commerce which
>may lawfully be regulated by Congress" (yes, it is a circular
>definition, but I didn't write the Act).

Not too stray off topic (of either the list as a whole or this particular thread) too long, I'll defend the statutory "definition."

The Trademark Act is not trying to define "commerce" as much as giving a shorthand way of saying "commerce between the states and between the United States and foreign nations"--because that's the *type* of commerce that Congress can lawfully regulate. The Trademark Act isn't so much defining "commerce" by defining what is "commercial" as it is limiting the scope of the Trademark Act to the constraints of the Commerce Clause of the United States Constitution. If Congress can't regulate it (whatever "it" is), then it's not within the scope of the Trademark Act.

There's no shortage of reasons to bash Congress, but this isn't a particularly good one.

S. Martin Keleti
Cohen and Cohen
740 North La Brea Avenue
Los Angeles, CA 90038-3339
323.938.5000
323.936.6354 fax Received on Fri Oct 06 2006 - 22:25:07 GMT