United States: Lanham Act May "Trump" First Amendment (For Once)

In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a mark commenting on former President Donald Trump.

As we wrote earlier this year , the Supreme Court granted cert to review Vidal v. Elster , which involves the U.S. Patent and Trademark Office’s (USPTO’s) denial of Steve Elster’s application to register the trademark TRUMP TOO SMALL for t-shirts. In refusing registration, the USPTO cited Section 2(c) of the Lanham Act, which prohibits […]

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By Donato