The US Supreme Court surprised some trademark attorneys when it agreed to consider why a trademark application for “Trump Too Small” shouldn’t fell a statutory registration ban on free speech grounds—after “The Slants” and “FUCT” each toppled similar restrictions.
The US Patent and Trademark Office this week convinced the justices to hear its bid to revive the Lanham Act’s bar against registering trademarks that identify a living person without their consent. Now it must successfully distinguish that provision from bans against disparaging and vulgar registrations that the Supreme Court recently struck down as unconstitutional.
The US Court of Appeals for ...
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