Foley & Lardner LLP partner Jonathan Moskin is quoted in the Law360 article, “Justices Take New Look At 1st Amendment In Latest TM Fight,” commenting on the U.S. Supreme Court case Vidal v. Ester.
At issue is whether the refusal to register a trademark violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure. Moskin authored a brief in support of the U.S. Patent and Trademark Office on behalf of the International Trademark Association, arguing for the trademark application filed by Steve Elster for the phrase “Trump Too Small” to be refused.
“If I wanted to have T-shirts or banners or posters or something saying ‘Trump is too small of mind to be considered to become the 47th president,’ then Mr. Elster, with the benefit of a registration, would have at least a colorable basis to challenge my use that otherwise he wouldn’t have,” Moskin commented.
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