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Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
In a landmark decision, written by Justice Clarence Thomas, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent. 15 U.S.C. §1052(c) (authorizing refusal of a trademark application if it "[c]onsists of or comprises a name. portrait, or signature identifying a particular living individual except by his written consent …."
The case, Vidal v. Elster, 602 U.S. —- (2024), centered on Steve Elster's attempt to register the trademark "Trump too small," accompanied by an illustration of a hand gesture, for use on shirts and hats. Elster's application was initially refused by the Examiner and then by the Trademark Trial and Appeal Board (TTAB), which cited this section of the Lanham Act. The Federal Circuit reversed this decision, prompting the Supreme Court to grant certiorari.
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