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Trademark Registration Trademark Litigation Donald Trump

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

McDermott Will & Emery

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

McDermott Will & Emery on

In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Troutman Pepper

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Troutman Pepper on

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

Katten Muchin Rosenman LLP

Is Trademark Law ‘Too Small' for the First Amendment? - Katten Kattwalk | Issue 25

During the 2016 presidential debate, Senator Marco Rubio taunted Donald Trump for having “small hands.” Now, more than seven years later, progressive activist Steve Elster is continuing his fight to trademark the phrase...more

Dorsey & Whitney LLP

Supreme Court Will Review TRUMP TOO SMALL Trademark Registration Dispute

Dorsey & Whitney LLP on

The Supreme Court granted certiorari and will review the Federal Circuit’s opinion that Section 2(c) of the Lanham Act is unconstitutional as applied to a trademark for the term TRUMP TOO SMALL. The TRUMP TOO SMALL trademark...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023

Thank you for reading the February 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Section 2(c) of the Lanham Act in relation to the Supreme Court's pending review of the TRUMP TOO SMALL...more

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