Understanding Section 2(c)’s Names Clause
Lanham Act 2(c) first amendment names clause
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The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many...
Thoughts on Elster and the Names Clause
elster first amendment names clause
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Eight months after the U.S. Supreme Court held in the Elster case that so-called Names Clause under Section 2(c) of the Lanham Act, the federal trademark law, prohibited the use of a living person’s...
First Amendment Trumps Trump
TRUMP TOO SMALL mark, Steven Elster, applicant, Ser. No. 87749230, filed Jan. 10, 2018 On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster, that Section 2(c) of...
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