If It's Not One Clause It's Another

Crash Course Intellectual Property Part 5 covers trademarks and covers the basics of trademarking and how it relates to (or helps alleviate) consumer confusion. One item I'd forgotten: even though the USPTO (Patent and Trademark Office) is responsible for both, the Supreme Court has held that Congress cannot regulate trademarks under the intellectual property clause of the constitution. This is the clause that gives Congress power over copyrights and patents. Instead, Congress regulates trademarks through its Commerce power, another Constitutional clause entirely. Why Patents and Trademarks are under one office while the Library of Congress gets Copyrights is anyone's guess.