06.17.2024Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the FutureLast week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First Amendment right to free expression. Although the Justices were unanimous in the ultimate result, they disagreed dramatically as to why, ultimately providing little guidance for future cases.
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