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Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
In a landmark decision, written by Justice Clarence Thomas, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent. 15 U.S.C. §1052(c) (authorizing refusal of a trademark application if it "[c]onsists of or comprises a name. portrait, or signature identifying a particular living individual except by his written consent …."
The case, Vidal v. Elster, 602 U.S. —- (2024), centered on Steve Elster's attempt to register the trademark "Trump too small," accompanied by an illustration of a hand gesture, for use on shirts and hats. Elster's application was initially refused by the Examiner and then by the Trademark Trial and Appeal Board (TTAB), which cited this section of the Lanham Act. The Federal Circuit reversed this decision, prompting the Supreme Court to grant certiorari.
Elster claimed that his use of Donald Trump's name in this context was protected by the First Amendment, because it was based on Trump's famous comment about the size of his hands during a 2016 debate among Republican presidential candidates and was intended as a criticism as to how small (meaning how poor) Trump had been as President. Thus, Elster argued, this statute was unconstitutional as applied to his trademark application.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.