No. 22-704October Term 2023Decided Jun 13, 2024
Vidal v. Elster
The Supreme Court considered whether a federal trademark law prohibiting the registration of a living person's name without their consent violates the First Amendment when the trademark involves political criticism.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 13, 2024
- What it's about
The Supreme Court considered whether a federal trademark law prohibiting the registration of a living person's name without their consent violates the First Amendment when the trademark involves political criticism. The Court unanimously ruled that the "names clause" of the Lanham Act is constitutional and does not infringe on free speech rights.
Question presented
Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?
- Case path
United States Court of Appeals for the Federal Circuit / Decision released Jun 13, 2024
- Area
First Amendment
Timing
Decided June 13, 2024
The Court released its decision 225 days after oral argument on November 1, 2023. The median for cases argued in November is 136 days.
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology