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1669289
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1976/04/16 S719 Renewal of Sons of the American Legion Patent
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1669289
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1976/04/16 S719 Renewal of Sons of the American Legion Patent
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White House Records Office: Legislation Case Files
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1976-04-30
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1976
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1976-04-01
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1976
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The original documents are located in Box 43, folder "4/16/76 S719 Renewal of Sons of the American Legion Patent" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. from Box 43 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED APR 16 1976 APR 16 A 4/16/76 THE WHITE HOUSE ACTION WASHINGTON Last Day: April 19 April 14, 1976 MEMORANDUM FOR Posted THE PRESIDENT FROM: 4/17/76 JIM CANNON R SUBJECT: S. 719 Renewal of Sons of the American Legion Patent archive S. 720 - Renewal of American Legion Patent S. 721 - Renewal of American Legion 4/19/76 Auxiliary Patent Attached for your consideration are three enrolled bills, sponsored by Senator McClellan, which would renew and extend patents for the badges of the American Legion, the Sons of the American Legion and the American Legion Auxiliary. Additional background information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bills. RECOMMENDATION That you sign the enrolled bills at Tabs B, C and D. FORDO is LIBRARY OFFICE OF THE PRESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 APR 13 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bills (1) S. 719 - Renewal of Sons of the American Legion patent Sponsor - Sen. McClellan (D) Arkansas (2) S. 720 - Renewal of American Legion patent Sponsor 1 Sen. McClellan (D) Arkansas (3) S. 721 - Renewal of American Legion Auxiliary patent Sponsor - Sen. McClellan (D) Arkansas Last Day for Action April 19, 1976 - Monday Purpose To renew and extend patents for the badges of the American Legion, the Sons of the American Legion and the American Legion Auxiliary. Agency Recommendations Office of Management and Budget Approval Department of Commerce No objection Discussion Design patents were granted for the emblems and insignia on the badges of the American Legion in 1919 (patent No. 54,296), the American Legion Auxiliary in 1920 (patent No. 55,398) and the Sons of the American Legion in 1934 (patent No. 92,187). These patents have been renewed by an act of Congress approxi- mately every 14 years when the statutory period for the pro- tection of a patent normally ends. They were last extended in 1962 and would end on June 25, 1976. 2 The enrolled bills would renew and extend these three patents for an additional 14 years from the date of approval of the bills. This would permit the associations to continue the exclusive use of the identifying marks on the badges. In its views letter on the enrolled bills, the Department of Commerce notes that "protection of these badges against abuse would more appropriately be a subject of the unfair competition and trademark laws rather than the patent laws " and that "...a preferable alternative would be the enactment of general legislation protecting these badges which would not require periodic extensions." However, the Department does not object to approval of the bills. James Director m. Frey for Legislative Reference Enclosures DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE UNITED STATES DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 APR 9 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning S. 719, S. 720, and S. 721, enrolled enactments Granting a renewal of patent numbered 92, 187 relating to the badge of the Sons of the American Legion;" "Granting a renewal of patent numbered 54, 296 relating to the badge of the American Legion;" and "Granting a renewal of patent numbered 55, 398 relating to the badge of the American Legion Auxiliary." The above identified design patents have been subject to numerous extensions by Congress and were last extended by the Acts of Congress, approved June 25, 1962, Private Laws 437, 433 and 439, 87th Congress, 2nd Session (76 Stat. 1318, 1319). In commenting to the House Judiciary Committee on identical legislation, this Department pointed out that protection of these badges against abuse would more appropriately be a subject of the unfair competition and trademark laws rather than the patent laws, or that a preferable alternative would be the enact- ment of general legislation protecting these badges which would not require periodic extensions. While this Department continues to believe these alternatives would be more appropriate, we do not object to Presidential approval of the enrolled bills. Enactment of these enrolled bills would not involve the expenditure of any funds by this Department. 7.5.0mth REVOLUTION AMERICAN BICENTENNIAL 1776-1976 ® THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 13 Time: 515pm David Lissy sh FOR ACTION: Ted Marrs an CC (for information): Jack Marsh Max Friedersdorf on Jim Cavanaugh Ken Lazarus on Ed Schmults Paul Leach od FROM THE STAFF SECRETARY DUE: Date: April 14 Time: 300pm SUBJECT: HHR19 - Renewal of Sons of the American Legion Patent S.720 - Renewal of American Legion patent S.721 - Rnewal of American Legion Auxiliary patent ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing Cannon 4/14 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 13 Time: 515pm FOR ACTION: David Lissy Ted Marrs CC (for information): Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults Paul Leach FROM THE STAFF SECRETARY DUE: Date: April 14 Time: 300pm SUBJECT: S.719 - Renewal of Sons of the American Legion Patent S.720 - Renewal of American Legion patent S.721 - Rnewal of American Legion Auxiliary patent ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing No objection -- Ken Lazarus 4/14/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON April 14, 1976 MEMORANDUM FOR: JIM CAVANAUGH. FROM: MAX L. FRIEDERSDORF m.li SUBJECT: S.719 - Renewal of Sons of the American Legion Patent S.720 - Renewal of American Legion patent S.721 - Renewal of American Legion Auxiliary patent The Office of Legislative Affairs concurs with the agencies that the subject bills be signed. Attachments THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 13 Time: 515pm FOR ACTION: David Lissy Ted Marrs CC (for information): Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults Paul Leach FROM THE STAFF SECRETARY DUE: Date: April 14 Time: 300pm SUBJECT: S.719 - Renewal of Sons of the American Legion Patent S.720 - Renewal of American Legion patent S.721 - Rnewal of American Legion Auxiliary patent ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing The President should comment in signing that he would like to pel these patients on a pleased of tohe The lumted action permanent chair but is PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please telephone the Staff Secretary immediately. For the President Inon James 11. Cannen THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 13 Time: 515pm FOR ACTION: David Lissy Ted Marrs CC (for information): Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults Paul Leach FROM THE STAFF SECRETARY DUE: Date: April 14 Time: 300pm SUBJECT: S.719 - Renewal of Sons of the American Legion Patent S.720 - Renewal of American Legion patent S.721 - Rnewal of American Legion Auxiliary patent ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing Recommend 4.13 Affroved ones PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-924 RENEWAL OF PATENT RELATING TO BADGE OF THE SONS OF THE AMERICAN LEGION MARCH 17, 1976.-Committed to the Committee of the Whole House and ordered to be printed Mr. KASTENMEIER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 4589] The Committee on the Judiciary, to whom was referred the bill (H.R. 4589) granting a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. STATEMENT On May 8, 1934, a design patent No. 92,187 was granted for the pro- tection of the emblem and insignia of the Sons of the American Legion. After the 14-year statutory period, it expired May 8, 1948. The design patent was renewed by act of Congress on June 27, 1949, and further extended by the act of June 25, 1962 (Private Law 87-437). This legislation is a simple renewal and extension for a period of 14 years from the date of approval of this legislation. For over 50 years the Congress has been extending the statutory protection for symbols or badges of patriotic or religious associations enabling these asso- ciations to control the use of their identifying marks. The suggestion has been put forth that protection of such badges against abuse would more appropriately be sought under the unfair competition and the trademark law rather than under the patent law. In the Committee's view, however, insufficient cause has been shown for departnig from the precedents. The Committee accordingly rec- ommends enactment of H.R. 4589. COST AND RELATED MATTERS Enactment of H.R. 4589 will entail no cost to the United States and will have no inflationary impact. The bill is not the subject of any statement from the House Committee on Government Operations. 57-007 2 VOTES The Committee by voice vote ordered H.R. 4589 reported favorably without amendment at a public meeting held on March 16, 1976. No record vote was taken. H.R. 924 Calendar No. 109 94TH CONGRESS } SENATE REPORT 1st Session No. 94-115 RENEWAL OF PATENT RELATING TO BADGE OF THE SONS OF THE AMERICAN LEGION MAY 12 (legislative day, APRIL 21), 1975.-Ordered to be printed Mr. McCLELLAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 719] The Committee on the Judiciary, to which was referred the bill (S. 719) granting a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. STATEMENT On may 8, 1934, a design patent No. 92,187 was granted for the protection of the emblem and insignia of the Sons of the American Legion. After the 14-year statutory period, it expired May 8, 1948. The design patent was renewed by act of Congress on June 27, 1949, and further extended by the act of June 25, 1962 (Private Law 87-437). This legislation is a simple renewal and extension for a period of 14 years from the date of approval of this legislation. For over 50 years the Congress has been extending the statutory protection for symbols or badges of patriotic or religious associations. The principal purpose of such legislation is to permit these associations to control the use of their identifying marks. The committee is not aware of any reason for not following these precedents, and accordingly recommends the enactment of this legislation. 38-010 S. 719 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act Granting a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a certain design patent issued by the United States Patent Office of date of May 8, 1934, being patent numbered 92,187, is hereby renewed and extended for a period of fourteen years from and after the date of approval of this Act, with all the rights and privileges pertaining to the same, being generally known as the badge of the Sons of the American Legion. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. April 7, 1976 Dear Mr. Director: The following bills were received at the White House on April 7th: S. 719 S. 720 S. 721 s.804 S. 832 S. 2308 S. 3108 Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D. C.