Pakfanistan,
Sorry – I guess you do not understand that Congress is given the right under Articel 1, Section 8, clause 2, of the U.S. Constitution “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” You may not realize that federal trademark registrations are only granted by the Federal Government on marks solely used to identify the source of goods and/or services that are being sold in interstate commerce in the U.S.
Since Congress has the right to regulate commerce – the rights granted under a federal trademark registration “derive” directly from powers granted to the federal government by the U.S. Constitution.
The point about trademarks being solely for goods and services is, in fact, new to me. I still think it’s rather flimsy to extrapolate out from “regulate commerce” to protect names and images.
I do think trademark is a good thing. I’m glad I don’t have to wonder if I’m eating at a real McDonalds or a knockoff. Or that I’m getting a genuine Apple computer and not a chinese clone.
And yes, my beef is primarily with the length of copyright, and the triviality of some patents, both of which I think are crushing creativity and innovation at the moment.
