Photo: Diego M. Radzinschi/ALM 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
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 …."
The case, Vidal v. Elster, 602 U.S. —- (2024), centered on Steve Elster's attempt to register the trademark "Trump too small," accompanied by an illustration of a hand gesture, for use on shirts and hats. Elster's application was initially refused by the Examiner and then by the Trademark Trial and Appeal Board (TTAB), which cited this section of the Lanham Act. The Federal Circuit reversed this decision, prompting the Supreme Court to grant certiorari.
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