Case Law Index
federal2024
Additional Highlights:First AmendmentTrademarkNames of Living Persons
Vidal v. Elster
United States Supreme Court
Key Holding
The Lanham Act's restriction on registering trademarks consisting of a living person's name without their consent does not violate the First Amendment.
Case Summary
Vidal v. Elster held that the Lanham Act's prohibition on registering trademarks incorporating the name of a living person without their consent is a constitutional content-based restriction on speech, as it is grounded in a sufficient historical tradition of protecting persons from unwanted commercial use of their identity.
Primary Source: https://www.supremecourt.gov/opinions/23pdf/22-704_9okb.pdf