Litigation partner Mark Lezama was featured in Westlaw Journal’s “SCOTUS Spotlight,” a special edition of the Westlaw Journal Intellectual Property newsletter that examined standout cases from the Supreme Court’s 2023-24 term.
Mr. Lezama commented on the Court’s ruling in Vidal v. Elster, in which the Court found that the Lanham Act’s “names clause” is constitutional and upheld the Patent and Trademark Office’s decision to bar the trademark “Trump too small” from being registered.
“In this decision, the slim majority expanded the realm of cases in which ‘history and tradition’ decide a constitutional question,” Mr. Lezama stated. “With this decision elevating the importance of this analytical approach favored by Justice Thomas, we can expect attorneys to increasingly litigate competing views of history when arguing constitutional questions—even in the IP context.”
Read the full analysis of the case from Westlaw Journal here.
