Laura Heymann , Bloomberg Law; ‘Trump Too Small’ Trademark Case Morphs Into Free Speech Debate
"The US Supreme Court’s June 13 decision in the “Trump Too Small” trademark case revealed a potential rift among the justices on First Amendment jurisprudence but did little to advance intellectual property law...
Trademark law, the Supreme Court has said in prior cases, is primarily about two goals: preventing confusion among consumers by ensuring accurate source identification and preserving trademark owners’ reputation and goodwill. For these justices, the names clause passed muster because prohibiting the registration of personal names without consent was self-evidently reasonable in light of these purposes; no further analysis was required."
