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Vidal v Elster Trademark Litigation United States Patent and Trademark Office

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

Seyfarth Shaw LLP

Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

Seyfarth Shaw LLP on

As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more

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