“‘Trump Too Small’ Ruling Overlooks TM Registration Benefits”

July 9, 2024
Law360

Marshall Gerstein Partner and Chair of our Trademarks and Copyrights Practice Tiffany Gehrke and summer associate Alexa Spitz, from Boston College Law School, authored an article for Law360 this week. The column discussed the recent U.S. Supreme Court decision in Vidal v. Elster, centered on a trademark called “Trump Too Small.”

“The U.S. Supreme Court’s decision last month in Vidal v. Elster evaded discussion of traditional First Amendment principles — and the U.S. Court of Appeals for the Federal Circuit’s reasoning — and bypassed the application of heightened scrutiny that would otherwise be applied in a First Amendment analysis,” the authors wrote.

They continued, “The court based its decision solely on ‘history and tradition,’ while failing to consider modern-day, real-world implications of the decision for trademark owners who are denied access to federal registration.”

Tiffany and Alexa analyze the decision’s practical implications for trademark owners.

Subscribers to Law360 can read the complete article here.

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