'Trump Too Small' at SCOTUS: arguments preview


David Bell

'Trump Too Small' at SCOTUS: arguments preview

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With oral arguments kicking off next week, David Bell at Haynes and Boone outlines what might be heard in this rare look at the constitutionality of a trademark.

The US Supreme Court will hear arguments on November 1, 2023, in Vidal v Elster, a case addressing whether the trademark registration bar on incorporating a living individual’s name, portrait or signature in a mark without their written consent is constitutional.

As the court may use this opportunity to clarify some of the competing interests between federal trademark law, publicity and privacy rights, and the First Amendment, many in the legal community are following the case with anticipation.

Factual and procedural background

trademarks, supreme court, President, Donald Trump, Too small, Lanham Act, First Amendment, Oral argument, Steve Elster