Ani Khachatryan (Associate-Los Angeles, CA) penned "Trademark Trumped," which was reprinted in the June 13, 2024, posting of CLM Magazine. The original article was hosted on the Wilson Elser website as a client Insight. Ani details Vidal v. Elster, a case that tackles the complex intersection between trademark registration and freedom of speech under the First Amendment. Made more interesting by the involvement of current presidential candidate Donald Trump, the USPTO initially denied registration of the proposed mark, and the Federal Circuit later reversed. However, the Supreme Court granted certiorari and reversed, concluding section 2(c) of the Lanham Act did not violate the First Amendment in this case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.