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some people say you cant judge a book by its cover but if you own a well-regarded trademark thats exactly what you want people to do if congress will help you so much the better but how far can congress go in protecting trademarks in the trademark cases the united states supreme court turned back congresss first attempt at national trademark regulation congress passed its first national trademark legislation in 1870 and 1876 among other provisions these statutes allowed users to register trademarks with the federal government the statutes also provided civil and criminal penalties for wrongfully using selling or counterfeiting registered trademarks under the 1876 statute five defendants were charged in three different cases with crimes involving counterfeit whiskey and champagne trademarks the defendants in each case challenged the statutes constitutionality the circuit court certified that question to the supreme court you