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November 2, 2023
The U.S. Supreme Court heard oral argument this morning in Vidal v. Elster, the latest in a line of recent cases probing the intersection of the First Amendment and trademark law.
November 2, 2023
At the centre of a case before the Supreme Court is the validity of trademarking an insult directed at former president Donald Trump
November 2, 2023
Timothy Cuffman is an associate in Debevoise & Plimpton’s Litigation Department. Mr. Cuffman joined Debevoise in 2019. He received a J.D. from Columbia Law School in 2019, where he was a James Kent Scholar and an executive editor of the Columbia Journal of Transnational Law. He received a B.A. with highest honors from Cedarville University in 2011, and he received…
November 2, 2023
With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the...
November 2, 2023
The US’ top court is leaning towards the USPTO’s position in ‘Trump too Small’, finds Muireann Bolger.
November 2, 2023
High court will rule on whether to cancel the trademark ‘Trump Too Small’
November 2, 2023
Wednesday’s argument in Vidal v. Elster involved a provision in the federal Lanham Act that directs the Patent and Trademark Office, the entity that registers federal trademarks, to refuse to register any mark that identifies “a particular living individual.” In this case, Steve Elster argued that t
November 2, 2023
On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter,...
November 2, 2023
Oral arguments were held yesterday in Vidal v. Elster, with most observers concluding that the Justices are unlikely to grant trademark applicant Steve Elster’s bid to register the mark TRUMP TOO SMALL for t-shirts.
November 1, 2023
The Supreme Court is set to decide if a derogatory political slogan towards former President Donald Trump can be trademarked without his consent, weighing free speech protections.