Harris Tweed the trade mark should have been granted exclusively to Harris, the Orb Trade Mark was granted. The Harris Tweed Association, a voluntary body, was formed to protect both the use of the Orb Trade Mark and to protect the use of the name ‘Harris Tweed’ from imitations. The original definition attached to the Orb Trade Mark stated that: Harris Tweed means a tweed, hand-spun, hand-woven and dyed by the crofters and cottars in the Outer Hebrides. In 1993, a new statutory body to guard the Orb Trade Mark, the Harris Tweed Authority, replaced the original Harris Tweed Association. Also in
Trade-Mark Cases Commerce Clause. Trade-Mark Cases 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 ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks. Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause power, and therefore passed constitutional muster. The cases below were "United States v. Steffens", "United States v. Wittemean", and "United States v. Johnson". The first two cases dealt with alleged counterfeiting of marks associated with champagne.