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
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
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
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