U.S. Supreme Court,
Intellectual Property,
Constitutional Law
Oct. 30, 2023
First Amendment and trademark registration: Vidal v. Elster argument preview
Although Elster’s constitutional challenge is only as-applied, the decision could impact applications to register names of any living individual.
For the fourth time since 2017, the Supreme Court of the United States considers how the First Amendment and the Lanham Act interact. In two of those cases--Matal v. Tam 582 U.S. 218 (2017) and Iancu v. Brunetti, 139 S. Ct. 2294 (2019)--the Court invalidated restrictions on trademark registration as unconstitutional viewpoint discrimination. In another--Jack Daniels v. VIP Products, 5...
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