Vidal v. Elster (2024)

Vidal v. Elster (2024): "Names Clause Upheld: Trademark Registration Restrictions Don't Violate Free Speech."

Case Number : 22-704

Decided : June 13, 2024

Supreme Court Ruling : The Lanham Act's names clause, which prohibits registering a trademark that identifies a particular living individual without their written consent, does not violate the First Amendment.

Background : Steve Elster sought to register the trademark "Trump too small" for shirts and hats, referencing a 2016 Presidential primary debate exchange between Donald Trump and Senator Marco Rubio. The Patent and Trademark Office refused registration, citing the names clause.

Key Points :

• The names clause is content-based but viewpoint-neutral.

  
  

• The Court emphasized that trademark rights have coexisted with the First Amendment, and the inherently content-based nature of trademark law has never been a cause for constitutional concern.

  
  

• The history and tradition of restricting trademarks containing names support the conclusion that the names clause is compatible with the First Amendment.