Vidal v. Elster
Overview
Overview
Steve Elster tried to register 'Trump too small' as a trademark for T-shirts, a reference to a Marco Rubio line from the 2016 primary, and the Patent and Trademark Office rejected the application under a provision that bars trademarks consisting of a living person's name without their consent. The Supreme Court unanimously upheld the restriction in June 2024, holding that the names clause is a viewpoint-neutral, content-based restriction with a long historical tradition in trademark law, and therefore doesn't violate the First Amendment. The decision is narrow, it applies to the names clause specifically, but it's part of an ongoing line of trademark-and-speech cases the Court has been working through since Matal v. Tam (2017).
The Conclusion
Conclusion
The Supreme Court unanimously upheld the PTO's refusal to register 'Trump too small' as a trademark under the names clause. The restriction on trademarks using a living person's name without consent is viewpoint-neutral and supported by historical tradition, the Court held, and therefore does not violate the First Amendment.
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