Constitutional Law,
Intellectual Property,
U.S. Supreme Court
Oct. 30, 2023
First Amendment and trademark registration: Vidal v. Elster argument preview
Although Elster’s constitutional challenge is only as-applied, the decision could impact applications to register names of any living individual.
Conor Tucker
litigation and appellate law
Conor regularly represents clients before the Court and in state and federal courts of appeal across the country. Views expressed here are solely those of the author and do not necessarily reflect the views of his firm or its clients.
For the fourth time since 2017, the Supreme Court of the United States considers how the First Amendment and the Lanham Act interact. In two of those cases--Matal v. Tam 582 U.S. 218 (2017) and Iancu v. Brunetti, 139 S. Ct. 2294 (2019)--the Court invalidated restrictions on trademark registration as unconstitutional viewpoint discrimination. In another--Jack Daniels v. VIP Products, 5...
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