Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.

August 28, 2024 at 02:43 PM

5 minute read

Trademarks

Howard J. Shire

Justin Tilghman

What You Need to Know

The case centered on an attempt to register the trademark "Trump too small," accompanied by an illustration of a hand gesture, for use on shirts and hats.
The Court determined that the names clause is not a viewpoint-based regulation, as it prohibits all marks that use another person's name without consent, regardless of the use.
The ruling reaffirms the constitutionality of the Lanham Act's names clause, emphasizing the importance of content-based distinctions in trademark law to protect the reputation and goodwill of individuals.

In a landmark decision, written by Justice Clarence Thomas, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent. 15 U.S.C. §1052(c) (authorizing refusal of a trademark application if it "[c]onsists of or comprises a name. portrait, or signature identifying a particular living individual except by his written consent …."

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