In re Elster

 
APPEAL NO.
20-2205
OP. BELOW
OPINION
TBD
SUBJECT
Trademark
AUTHOR
TBD

Issue(s) Presented

“The sole issue in this appeal is whether section 2(c) of the Lanham Act—which prohibits federal registration of any trademark that ‘[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,’ or the name ‘of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow,’ 15 U.S.C. § 1052(c)—violates the First Amendment as applied to a mark containing the words ‘Trump too small.’”

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