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First Amendment › Lanham Act

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

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Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

McDermott Will & Emery

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

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In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Mintz - Intellectual Property Viewpoints

Supreme Court Doesn’t Want to Play the Name Game: Prohibition Against Using a Person’s Name in a Registered Mark Without Consent...

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On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. ____ (2024), the Supreme...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

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Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Haug Partners LLP

Supreme Court Upholds Validity of Names Clause in Trump Too Small Decision

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Referred to as the “names clause”, the Lanham Act prohibits registration of a mark that consists of or comprises a name that identifies a particular living individual without written consent.1 This includes full names,...more

Akerman LLP

Content-Based but Viewpoint-Neutral: Federal Trademark Law “Names Clause” Withstands Constitutional Challenge

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There has long been a tension between the Free Speech Clause of the First Amendment of the U.S. Constitution and federal trademark law. In two relatively recent Supreme Court trademark cases, the First Amendment won, enabling...more

Holland & Knight LLP

U.S. Supreme Court Upholds Constitutionality of Federal Trademark Statute's "Names Clause"

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The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark...more

Irwin IP LLP

Supreme Court Rules: Elster Can Say "Trump Too Small" But Can't Trademark It!

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Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment,...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

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On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

McDermott Will & Emery

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

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In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Seyfarth Shaw LLP

Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

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As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more

Troutman Pepper

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

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In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

Genova Burns LLC

Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the Future

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Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SCOTUS Rules on "Trump Too Small"—Third Recent Ruling on First Amendment Implications for Lanham Act 

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more

Greenberg Glusker LLP

Supreme Court Says First Amendment Can’t Save 'Trump Too Small' Trademark Bid

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On June 13, the Supreme Court issued an opinion in Vidal v. Elster, 602 U. S. ____ (2024), a case involving a plaintiff’s attempt to register the trademark “Trump too small” (a reference to a key political issue in the 2016...more

Dorsey & Whitney LLP

The Supreme Court Update - June 14, 2024

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On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Kilpatrick

Vidal v. Elster: The Supreme Court Affirms the Constitutionality of Section 2(c) of the Lanham Act

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In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more

Morrison & Foerster LLP

From Rubio's Joke to the Supreme Court: The Journey of 'Trump Too Small' in Vidal v. Elster

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Does the Lanham Act’s restriction on registration of trademarks that include an individual’s name without the consent of such individual violate the Free Speech Clause of the First Amendment, even when the mark expresses...more

Miller Nash LLP

Supreme Court Vindicates Restriction on Registering Trademarks Containing Personal Names

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Citing the common law right to use one’s own name commercially and to prevent others from doing so, the U.S. Supreme Court on June 13, 2024 upheld the constitutionality of a challenged restriction on trademark registration....more

Fox Rothschild LLP

Supreme Court Rejects TRUMP TOO SMALL Trademark

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“TRUMP TOO SMALL”- This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back in January 2018, during the Trump presidency. Since...more

ArentFox Schiff

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

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After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

Proskauer - Minding Your Business

Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”

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We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

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