Eleanor M. Lackman Quoted in Bloomberg Law
Eleanor M. Lackman was quoted in the article, "Narrow ‘Trump Too Small’ Edict May Yet Stem Trademark Ban Blitz," published by Bloomberg Law on June 24, 2024. The article discusses the U.S. Supreme Court's decision to uphold the USPTO's denial of a trademark application to register the phrase "Trump Too Small." In a unanimous decision, the Court upheld the Lanham Act’s names clause, which prohibits registering trademarks using living people’s names without their consent. However, the Court avoided addressing broader First Amendment implications and the level of scrutiny required for trademark restrictions, leaving some legal questions unresolved.
From the article...
"IP attorney Eleanor M. Lackman of Mitchell Silberberg & Knupp LLP agreed, calling the judgment correct but Thomas’ historical justification 'the wrong way to go.' 'It is a little strange that the court kind of punted on the standard of analysis and what level of scrutiny applies,' she said."