'Trump too small': SCOTUS can stop being the trademark police’, say lawyers
02-11-2023
SCOTUS told that: ‘Trump too small’ TM ban has ‘staggering implications’
07-09-2023
Why ‘Trump too small’ could be a big deal for the Trademarks Act
15-06-2023
Evan El-Amin / Shutterstock.com
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
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
trademarks, supreme court, President, Donald Trump, Too small, Lanham Act, First Amendment, Oral argument, Steve Elster
