Vidal v. Elster

Questions presented

SCOTUS records, cert granted 5 Jun 2023

Section 1052(c) of Title 15 provides in pertinent part that a trademark shall be refused registration if it "[c]onsists of or comprises a name * * * identifying a particular living individual except by his written consent." 15 U.S.C. 1052(c). The question presented is as follows: Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.

Opinion summary

Etalia.ai summary of the majority opinion

The case involves Steve Elster's attempt to trademark the phrase 'Trump Too Small,' which was rejected by the U.S. Patent and Trademark Office (USPTO) under a provision of federal law prohibiting trademarks that falsely suggest a connection with persons, living or dead. The Supreme Court addressed whether this rejection violated Elster’s First Amendment rights. The majority opinion held that while the government has an interest in preventing misleading commercial speech, it cannot do so at the expense of free expression when there is no evidence suggesting actual confusion or harm from such use. Therefore, they ruled in favor of Elster, stating that his use constituted protected political speech aimed at criticizing public figures—a core concern of First Amendment protections.