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[1] ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks.

The opinion was written by Justice Samuel Freeman Miller.

Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause.

It was not until 1905 that Congress would again enact a trademark law generally governing marks in use in the United States, though the 1905 act was also carefully worded to fall within the Commerce Clause.

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