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1976/04/16 S720 Renewal of American Legion Patent
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1669290
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1976/04/16 S720 Renewal of American Legion Patent
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The original documents are located in Box 43, folder "4/16/76 S720 Renewal of 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
Digitized from Box 43 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED
& 4/16/76
THE WHITE HOUSE
ACTION
APR 16 1976 16
WASHINGTON
Last Day: April 19
April 14, 1976
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNOM X
SUBJECT:
S. 719 - Renewal of Sons of the
archives
American Legion Patent
S. 720 Renewal of American Legion
Patent
04/19/76
S. 721 - Renewal of American Legion
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.
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 - 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 m. Trey
Director
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.
2.5.00th
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON,
LOG NO.:
Date: April 13
Time: 515pm
David Lissy on
FOR ACTION:
Ted Marrs on
CC (for information):
Jack Marsh
Max Friedersdorf oh
Jim Cavanaugh
Ken Lazarus on
Ed: Schmults
Paul Leach on
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
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
pu these patients in a
pleased PLEASE ATTACH THIS of COPY take TO MATERIAL The SUBMITTED. lumted the action hill
permanent chair but is
If you have any questions or if you anticipate a
delay in submitting the required material, please
James forended N. Cannen Imon
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
Recommend 4.13 Approved
100
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. 94-922
RENEWAL OF PATENT RELATING TO BADGE 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. 4587]
The Commitee on the Judiciary, to whom was referred the bill
(H.R. 4587), granting a renewal of patent No. 54,296 relating to the
badge of the American Legion, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
STATEMENT
On December 9, 1919, a design patent No. 54,296 was granted for
the protection of the emblem and insignia of the American Legion.
After the 14-year term, it expired December 9, 1933. The design patent
was renewed by the act of August 2, 1935, and further extended by
the acts of June 27, 1949 and June 25, 1962 (Private Law 87-439).
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 departing from the precedents. The Committee accordingly rec-
ommends enactment of H.R. 4587.
COST AND RELATED MATTERS
Enactment of H.R. 4587 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. 4587 reported favorably
without amendment at a public meeting held on March 16, 1976. No
record vote was taken.
H.R. 922
Calendar No. 110
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-116
RENEWAL OF PATENT RELATING TO BADGE 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. 720]
The Committee on the Judiciary, to which was referred the bill
(S. 720) granting a renewal of patent No. 54,296 relating to the badge
of the American Legion, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
STATEMENT
On December 9, 1919, a design patent No. 54,296 was granted for
the protection of the emblem and insignia of the American Legion.
After the 14-year term, it expired December 9, 1933. The design patent
was renewed by the act of August 2, 1935, and further extended by
the acts of June 27, 1949 and June 25, 1962 (Private Law 87-439).
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. 720
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 54,296 relating to the badge 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 Decem-
ber 9, 1919, being patent numbered 54,296, 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 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.