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Vidal v. Elster (First Amendment / Trademark)

Vidal v. Elster (First Amendment / Trademark)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)


Vidal v. Elster (First Amendment / Trademark)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)

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)

Decisions of the Supreme Court, summarized by the court itself.Readings of the Supreme Court slip opinion syllabi, With no personal commentary, you can make up your own mind about the decisions. See Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly