Vidal v Elster: US Supreme Court confirms constitutionality of Lanham Act prohibition on registration of trade marks comprising names of living people without their consent
Abstract
In Vidal v Elster, the US Supreme Court upheld the constitutionality of a Lanham Act prohibition against the registration of trade marks comprising the name of living people withut their consent. Although all Justices agreed on the result, their reasoning differed, with the majority opinion highlighting the increasing importance of historical analysis in trademark cases.
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