Overview
An article by Bloomberg Law on the "Trump Too Small" trademark case quotes Marty Schwimmer. In Vidal v. Elster, U.S., No. 22-704, the US Supreme Court has agreed to hear an appeal by the US Patent and Trademark Office of a decision by the US Court of Appeals for the Federal Circuit reversing a refusal to register a trademark on the ground that it unconstitutionally barred free speech containing criticism of a government official or public figure in violation of the First Amendment. Two recent Supreme Court decisions had each toppled similar restrictions - the "FUCT" and "Slants" cases. According to Schwimmer, "[b]ecause the trademark does convey a political message, it’s understandable why the applicant would categorize this as a First Amendment issue, and might think that after Brunetti and Tam that the wind is at their back."
