Constitutional Law,
Intellectual Property,
U.S. Supreme Court
Jun. 14, 2024
Trademark decision was a vigorous debate over 'history and tradition' standard
The U.S. Supreme Court unanimously ruled that the names clause in the Lanham Act's trademark law is compatible with the First Amendment, but the justices were divided over whether the court's new "history and tradition" standard should be their reason.
The U.S. Supreme Court reversed a federal appellate decision that had allowed Concord lawyer Steven S. Elster to trademark a phrase that mocked former President Donald Trump, but the justices -- while unanimous about the outcome -- were divided over whether the court's new "history and tradition" standard should be their reason.
Justice Clarence Thomas, an appointee of President George H.W. Bush who wrote for the majority, said yes.
"Our courts have l...
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