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Mintz - Intellectual Property Viewpoints

Supreme Court Doesn’t Want to Play the Name Game: Prohibition Against Using a Person’s Name in a Registered Mark Without Consent...

Mintz - Intellectual Property Viewpoints on

On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. ____ (2024), the Supreme...more

Haug Partners LLP

Supreme Court Upholds Validity of Names Clause in Trump Too Small Decision

Haug Partners LLP on

Referred to as the “names clause”, the Lanham Act prohibits registration of a mark that consists of or comprises a name that identifies a particular living individual without written consent.1 This includes full names,...more

Dunlap Bennett & Ludwig PLLC

Could Trump Too Small Shrink Free Speech Rights In The Trademark Application Process?

Dunlap Bennett & Ludwig PLLC on

The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration, or whether such a refusal...more

Kohrman Jackson & Krantz LLP

Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case

Kohrman Jackson & Krantz LLP on

The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more

Dorsey & Whitney LLP

Trademark Practice Tip: How to Settle a Trademark Opposition Proceeding and Obtain Judgment Against the Applicant After an...

Dorsey & Whitney LLP on

Most opposition proceedings in the Trademark Trial and Appeal Board of the USPTO settle before final judgment, often based on a negotiated settlement agreement requiring the abandonment of the opposed application. In these...more

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