DATE OF JUDGEMENT: 22.02.2022
CASE NO:2020-2205
CASE TITLE: In Re Steve Elster TM No.87749230
NAME OF HON'BLE COURT: United States Court of Appeal for the Federal Circuit
NAME OF HON'BLE JUDGE: Hon'ble Circuit Judges Mr. Justice Dyk Taranto, Mr. Justice Chen
Brief Note on the case: 1.Application TRUMP TOO SMALL was rejected on the ground that it consists of name of a living person, president Donald Trump.
2.The Subject matter Appeal was filed against rejection of this Trademark Application.
3. The provision of the Lanham Act section 2(c), prohibits registration of a trademark that consists of or comprises a name, portrait, or signature
identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow.
4.The reversed finding of court below after observing that section 2(c) has limited application to private individuals because it requires consent
only if: “(1) the person is so well known that the public would reasonably assume a connection between the person and the goods or services.
Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539
जंजीर
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जंजीर
जहाँ आदम की जात और बाते हों पीर की।
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अमन के नाम पर बातें हो तीर की।
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