It’s SCOTUS decision season

We’re waiting for several big SCOTUS cases with a tie to this blog’s content.  One of the perhaps-less-watched (?) was released this morning: Vidal v. Elster, about an attempt to trademark “Trump too small” to use on campaign gear, after a 2016 primary tiff between Donald Trump and Marco Rubio.  The Lanham Act – the federal trademark statute – prohibits registering a trademark using a living person’s name without their consent, and the Supreme Court this morning upheld the constitutionality of that limitation.

A unanimous result with a curious lineup :

THOMAS, J., announced the judgment of the Court and delivered the opinion of the Court, except as to Part III. ALITO and GORSUCH, JJ., joined that opinion in full; ROBERTS, C. J., and KAVANAUGH, J., joined all but Part III; and BARRETT, J., joined Parts I, II–A, and II–B. KAVANAUGH, J., filed an opinion concurring in part, in which ROBERTS, C. J., joined. BARRETT, J., filed an opinion concurring in part, in which KAGAN, J., joined, in which SOTOMAYOR, J., joined as to Parts I, II, and III–B, and in which JACKSON, J., joined as to Parts I and II. SOTOMAYOR, J., filed an opinion concurring in the judgment, in which KAGAN and JACKSON, JJ., joined.

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