June 9, 2023
World Trademark Review
The Trademark Trial and Appeal Board (TTAB) rejected an application for TRUMP TOO SMALL on t-shirts, and it has sparked a heated debate about the constitutionality of Section 2(c) of the Lanham Act, which prevents the registration of marks that contain a living person’s name or likeness without that person’s consent.
Finnegan associate Daniel Stringer told World Trademark Review that the legislative restriction under scrutiny in the TRUMP TOO SMALL case “differs significantly” from the restrictions that the Supreme Court held to be unconstitutional in Matal and Iancu. Those restrictions “barred registration of marks based on the views expressed by the applicants,” he notes. Although ultimately siding with the applicant,, even the Federal Circuit declined to find that the provision of Section 2(c) under scrutiny in this current case is similarly viewpoint specific.
Media Mention
Finnegan Shortlisted for the 2024 Asian Legal Business Japan Law Awards
April 26, 2024
Commentary
April 11, 2024
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.