| Vidal v. Elster | |
|---|---|
 | |
| Argued November 1, 2023 Decided June 13, 2024 | |
| Full case name | Katherine K. Vidal, Undersecretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Steve Elster |
| Docket no. | 22-704 |
| Argument | Oral argument |
| Case history | |
| Prior | In re Elster, 26 F.4th 1328 (Fed. Cir. 2022) |
| Questions presented | |
| Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Thomas (except Part III), joined by Alito, Gorsuch, Roberts, Kavanaugh; Barrett (Parts I, II-A, and II-B) |
| Plurality | Thomas (Part III), joined by Alito, Gorsuch |
| Concurrence | Kavanaugh (in part), joined by Roberts |
| Concurrence | Barrett (in part), joined by Kagan; Sotomayor (Parts I, II, and III-B); Jackson (Parts I and II) |
| Concurrence | Sotomayor (in judgment), joined by Kagan, Jackson |
Vidal v. Elster, (Docket No. 22-704), is a United States Supreme Court case dealing with 15 U.S.C. § 1052, a provision of the Lanham Act regarding trademarks using the name of living individuals without their consent. The court decided that the provision does not violate the Free Speech Clause of the First Amendment.[1][2]
- ^ Liptak, Adam (June 5, 2023). "Supreme Court to Decide 'Trump Too Small' Trademark Dispute". The New York Times. Retrieved June 8, 2023.
- ^ Supreme Court rejects attempt to trademark ‘Trump Too Small’
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