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

In a landmark decision, 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.

4 minute read August 01, 2024 at 12:11 AM
By
Howard J. Shire and Justin Tilghman
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 …."

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