On 5/7/98, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> Similarly, the Copyright Clause does not rpevent Congress from enacting
> trademark laws.
>
[snip]
>
> I don't know what you mean by "walk around the Contitution." There is no
> Constitutional prohibition against protecting things other than writings
> of authors.
The constitutional clause that empowers Congress to enact laws that promote the arts and sciences is specifically used for copyright and patent laws. Trademark laws are authorized by the commerce clause. The first trademark acts (1870 and 1876) were held to be unconstitutional because infringements were not limited to interstate or foreign commerce. See Trade-Mark Cases, 100 U.S. 82 (1879). In response, Congress passed the 1881 Act.
Whatever database law Congress enacts has to be constitutionally authorized by something. Normally the drafters sprinkle "in commerce" all over the place to satisfy the rather low threshold of the commerce clause.
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