Lanham Act's Registration Requirements Head to the Supreme Court in Another First Amendment Challenge

In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.

September 12, 2023 at 12:00 PM

8 minute read

Intellectual Property

Catherine Nyarady

Crystal Parker

The Lanham Act provides legal protections to trademark holders and, since 1946, it has prohibited the registration of any trademark containing the name, portrait or signature of a living person, except with their written consent.