Justices Battle Trademark Speech Theories to Reach Contentious Consensus on “Names Clause”

The Westlaw Journal spotlights U.S. Supreme Court cases from the 2023 term, including an analysis on the trademark ruling that the Lanham Act’s “names clause” is constitutional, upholding the Patent and Trademark Office’s decision to bar the trademark “Trump too small” from being registered.

Sterne Kessler Director Monica Riva Talley commented “This decision should give some clarity as to the constitutionality of other types of ‘viewpoint neutral’ marks deemed unregistrable in Section 2 of the Lanham Act, such as Section (b) relating to flags and insignia, or even geographical indications in Section (a).”