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Tag: elster

Thoughts on Elster and the Names Clause

1st amendment section 2(c) trademark February 6, 2025 by Yonaxis

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 name in a proposed mark without that person’s consent, we are still seeing many applications filed raising Section 2(c) issues. What …

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