Supreme Court of the United States
Vidal v. Elster
June 13, 2024602 U.S. 286
Summary
The Supreme Court held that the Lanham Act's names clause, which bars registration of trademarks containing a living individual's name without consent, does not violate the First Amendment. The Court reasoned that the clause is a content‑based but viewpoint‑neutral restriction that is historically grounded and reasonably serves trademark purposes.
Holding
- Does the Lanham Act’s names clause violate the First Amendment?. No; the names clause is a permissible content‑based, viewpoint‑neutral restriction that does not infringe the First Amendment.
Docket 22-704
Cited authorities
- 15 U.S.C. § 1115(a)
- 15 U.S.C. § 1052
- 60 Stat. 428
- 15 U.S.C. § 1052
- 15 U.S.C. § 1052
- 78 Trademark Rep. 456
- 59 Trademark Rep. 551
- 86 B.U. L. Rev. 547