In this session, panelists will discuss the case Vidal v. Elster, exploring how it can be reconciled with the decisions in Tam and Brunetti. They will also examine whether a new test for applying the First Amendment in trademark cases has emerged.
Holding: The Lanham Act’s names clause — which prohibits the registration of a mark that “[c]onsists of or comprises a name ... identifying a particular living individual except by his written consent” — does not violate the First Amendment.