The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment.

Applicant Steve Elster applied to register the trademark TRUMP TOO SMALL for t-shirts back in 2018. The US Patent and Trademark Office (“USPTO”) refused registration on the

The U.S. Supreme Court recently granted certiorari for two intellectual property cases—one relating to patents and another for trademarks.

Patent Case

Relevant to patent law, the Supreme Court granted certiorari to decide the issue of enablement for patents with so-called “genus claims.” Genus claims are directed to inventions that are functional in nature, and with