In the Headlines
June 13, 2024
SCOTUS Reverses CAFC's 'Trump Too Small' Ruling: Names Clause Is Constitutional
IPWatchdog
Intellectual Property attorney Thomas Brooke was quoted in an IPWatchdog article about the U.S. Supreme Court's recent decision in Vidal v. Elster, which reversed a 2022 federal appellate ruling that the U.S. Patent and Trademark Office's (USPTO) application of Section 2(c) of the Lanham Act to reject the mark TRUMP TOO SMALL was unconstitutional. The court held that the Lanham Act's names clause does not violate the First Amendment, citing a long history of restrictions on trademarking names. However, the justices differed on the proper analysis to reach that conclusion. Mr. Brooke commented on the broader implications of the decision beyond the political realm.
"Actors, musicians and any public figure now have more control over their image/name. Those hoping to promote products or viewpoints and/or profit off the use of the name of a public figure may do so under the protections of the First Amendment, but they will not be able to claim 'ownership' of a certain phrase, like TRUMP TOO SMALL, under the aegis of the Federal Trademark Statute," he said. "The question of whether someone is a public figure who cannot protect the use of his or her name or image for social or political commentary was not addressed, and this distinction will remain subjective."
READ: SCOTUS Reverses CAFC's 'Trump Too Small' Ruling: Names Clause Is Constitutional
"Actors, musicians and any public figure now have more control over their image/name. Those hoping to promote products or viewpoints and/or profit off the use of the name of a public figure may do so under the protections of the First Amendment, but they will not be able to claim 'ownership' of a certain phrase, like TRUMP TOO SMALL, under the aegis of the Federal Trademark Statute," he said. "The question of whether someone is a public figure who cannot protect the use of his or her name or image for social or political commentary was not addressed, and this distinction will remain subjective."
READ: SCOTUS Reverses CAFC's 'Trump Too Small' Ruling: Names Clause Is Constitutional