Is Trump’s Name ‘Too Big’ to Trademark?

*Amanda Fruman I. Introduction On November 1, 2023, the Supreme Court of the United States heard oral arguments in Vidal v. Elster.[1] The outcome of this case has the potential to affect the legal dynamic between trademark restrictions and protected free speech.[2]  At issue in Vidal v. Elster is a failed trademark attempt of theContinue reading “Is Trump’s Name ‘Too Big’ to Trademark?”

A Circuit Split Remains Regarding the Standard Applied to Claims for Trademark Infringement by Commercial Products that Express Humor.

 *Claudia Wozniak Jack Daniel’s Properties, Inc. (Jack Daniel’s), a whiskey seller, submitted a petition for a writ of certiorari in the Supreme Court of the United States.[1]  Jack Daniel’s sought review of the Ninth Circuit’s ruling that works of artistic expression do not violate the Lanham Act unless the trademark holder can establish that theContinue reading “A Circuit Split Remains Regarding the Standard Applied to Claims for Trademark Infringement by Commercial Products that Express Humor.”

Trademark & Ownership: Just Do It

Trademark & Ownership: Just Do It Drew Chlan* Trademark law in the United States provides an entity with a right of property.  15 U.S.C.A. § 1051 (2002).  If a person or corporation is found to be in violation of trademark law, the Code states that: “Any person who shall, without the consent of the registrant—Continue reading “Trademark & Ownership: Just Do It”