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Supreme Court Rules: Elster Can Say "Trump Too Small" But Can't Trademark It!

Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment,...more

The Functionality Bar is “Low” Hanging Fruit  

Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red,...more

WallStreetBets Gets Owned . . . By Reddit

Who owns the trademark to a subreddit name? This week, the United States District Court for the Northern District of California (the “Court”) considered the issue in an opinion dismissing each of Plaintiff Jaime Rogozinski’s...more

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