13 min listen
Vidal v. Elster (First Amendment / Trademark)
Vidal v. Elster (First Amendment / Trademark)
ratings:
Length:
11 minutes
Released:
Jun 17, 2024
Format:
Podcast episode
Description
Drawing on a 2016 Presidential primary debate exchange between thencandidate Donald Trump and Senator Marco Rubio, respondent Steve Elster sought to federally register the trademark “Trump too small” to use on shirts and hats. An examiner from the Patent and Trademark Office refused registration based on the “names clause,” a Lanham Act prohibition on the registration of a mark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052(c). The Trademark Trial and Appeal Board affirmed, rejecting Elster’s argument that the names clause violates his First Amendment right to free speech. The Federal Circuit reversed. Held: The Lanham Act’s names clause does not violate the First Amendment. Read by Jeff Barnum.
Released:
Jun 17, 2024
Format:
Podcast episode
Titles in the series (100)
Kernan v Cuero: In Re: Changing charging after a plea agreement has been signed (Three Strikes law). by Supreme Court Decision Syllabus (SCOTUS Podcast)