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Vidal v. Elster

144 S. Ct. 1507, 602 U.S. 286 (2024)

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Vidal v. Elster

United States Supreme Court
144 S. Ct. 1507, 602 U.S. 286 (2024)

SC

Facts

Steve Elster (plaintiff) filed an application to register a trademark of “Trump too small.” The United States Patent and Trademark Office (PTO) (defendant) denied the application on the ground that under trademark law, trademarks could not identify a living individual by name without the individual’s consent (the names clause). Elster appealed the PTO decision in federal court, arguing that the denial violated his First Amendment rights to free speech. The United States Court of Appeals for the Federal Circuit agreed with Elster. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

Concurrence (Sotomayor, J.)

Concurrence (Barrett, J.)

Concurrence (Kavanaugh, J.)

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