Vidal v. Elster (602 U.S. 286)
U.S. Supreme Court · decided June 13, 2024 · Supreme Court Database (Spaeth)
- Citation
- 602 U.S. 286 · 144 S. Ct. 1507
- Decided
- June 13, 2024
- Term
- October Term 2023
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2023 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus VIDAL, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE v. ELSTER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 22–704. Argued November 1, 2023—Decided June 13, 2024 Drawing on a 2016 Presidential primary debate exchange between then- candidate Donald Trump and Senator Marco Rubio, respondent Steve Elster sought to federally register the trademark “Trump too small” to use on shirts and hats. An examiner from the Patent and Trademark Office refused registration based on the “names clause,” a Lanham Act prohibition on the registration of a mark that “[c]onsists of or com- prises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052 (c). The Trademark Trial and Appeal Board affirmed, rejecting Elster’s argument that the names clause violates his First Amendment right to free speech. The…
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