TRADE-MARKS AND ADVERTISEMENTS In the famous Trade-Mark Cases,[1187] decided in 1879, the Supreme Court held void acts of Congress which, in apparent reliance upon this clause, extended the protection of the law to trade-marks registered in the Patent Office. "The ordinary trade-mark" said Justice Miller for the Court, "has no necessary relation to invention or discovery"; nor is it to be classified "under the head of writings of authors." It does not "depend upon novelty, invention, discovery, or any work of the brain."[1188] Not many years later the Court, again speaking through Justice Miller, ruled that a photograph may be constitutionally copyright,[1189] while still more recently a circus poster was held to be entitled to the same protection. In answer to the objection of the Circuit Court that a lithograph which "has no other use than that of a mere advertisement * * * (would not be within) the meaning of the Constitution," Justice Holmes summoned forth the shades of Velasquez, Whistler, Rembrandt, Ruskin, Degas, and others in support of the proposition that it is not for the courts to attempt to judge the worth of pictorial illustrations outside the narrowest and most obvious limits.[1190] Clause 9. _The Congress shall have Power_ * * * To constitute Tribunals inferior to the supreme Court; _See_ article III, p. 528. Clause 10. _The Congress shall have Power_ * * * To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations. Piracies, Felonies, and Offenses Against the Law of Nations ORIGIN OF THE CLAUSE