Shows
Supreme Court OpinionsVidal v. ElsterWelcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Vidal v Elster.
In this case, the court considered this issue: Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?
The case was decided on June 13, 2024.
Steve Elster sought to register the trademark "Trump too small" for use on shirts and hats, drawing from a 2016 Presidential primary debate exchange. The Patent and Trade...2024-10-301h 00
Gerechtigkeit & Loseblatt#25: Zu rechts fürs Referendariat, Digitale Immobilienkäufe, EuGH rüffelt FIFA, Asyl für Afghaninnen, KI und Kunst
Themen:
00:01:39
Rechtsextreme im Referendariat: BVerwG entscheidet zu Jurist beim “III. Weg” – aber zu spät
00:14:01
Unveröffentlichter Gesetzentwurf: Wird der Immobilienkauf digitaler? (mit: Ulrich Schellenberg)
00:27:25
Schlappe für FIFA: EuGH kippt Transferregeln (mit: Mark-E. Orth)
00:48:45
Asyl für Afghaninnen: Frau sein reicht (mit: Prof. Dr. Constantin Hruschka)
00:56:17
KI und Kunst: Wer ist Urheber eines KI-Bildes?
Shownotes:
Quellen & Links zur Folge:
beck-aktuell: Zu rechts fürs Referendariat
https://rsw.beck.de/aktuell/daily/meldung/detail/bverwg-2C1523-jurist-iii-weg-referendariat-verfassungstreue
Zeit Campus: Warum bilde...2024-10-1159 min
Emerging Litigation PodcastTrademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley GordonListen as intellectual property attorneys Tiffany Gehrke and Kelley Gordon of Marshall Gerstein in Chicago share their insights into three matters relevant anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages. I talk to Tiffany Gehrke about two cases. One is Vidal v. Elster, better known as the “TRUMP TOO SMALL” case. Just decided by the Supreme Court, this deals with whether a mark containing criticism of a government official or public figure – which is barred by the “names cla...2024-07-2337 min
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FedSoc ForumsCourthouse Steps Decision: Vidal v. ElsterIn recent years, the Supreme Court has decided two cases in which it held that certain restrictions against registering certain kinds of marks violate the Free Speech Clause of the First Amendment. In Matal v. Tam (2017), it invalidated the Lanham Act proscription against registering marks containing terms disparaging toward a person or institution. In Icanu v. Brunetti (2019), it invalidated the Lanham Act proscription against registering marks containing scandalous or immoral terms. The Supreme Court has now decided Vidal v. Elster, in which it adopted this question presented: “Whether the refusal to register a mark under Section 1052(c) [Lanham Act se...2024-06-1959 min
Supreme Court Decision Syllabus (SCOTUS Podcast)Vidal v. Elster (First Amendment / Trademark)Send us a text Drawing on a 2016 Presidential primary debate exchange between thencandidate Donald Trump and Senator Marco Rubio, respondent Steve Elster sought to federally register the trademark “Trump too small” to use on shirts and hats. An examiner from the Patent and Trademark Office refused registration based on the “names clause,” a Lanham Act prohibition on the registration of a mark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052(c). The Trademark Trial and Appeal Board affirmed, rejecting Elster’s argument that the names clause vio...2024-06-1711 min
U.S. Supreme Court Opinion Announcements22-704 - Vidal v. Elster - Opinion Announcement - June 13, 2024A case in which the Court held the refusal to register a trademark under 15 U.S.C. § 1052(c) does not violate the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.2024-06-1300 min
Business of Architecture Podcast534: The Legacy Lives On with Robert Blaser of Michael GravesExplore the dynamic world of architecture and design in this captivating podcast episode featuring Robert Blaser of Michael Graves, a seasoned architect with a wealth of experience. Delve into the intriguing intersection of business strategy and creative innovation as Blaser shares insights into crafting client partnerships and developing brand identities. Discover the art of experiential design and the transformative power of architectural storytelling, as Blaser discusses the importance of creating meaningful destinations rather than mere structures. Uncover the secrets behind crafting compelling brand experiences through architecture. Learn how to navigate the complexities of client relationships and project development...2024-05-0658 minBusiness of Architecture Podcast534: The Legacy Lives On with Robert Blaser of Michael GravesExplore the dynamic world of architecture and design in this captivating podcast episode featuring Robert Blaser of Michael Graves, a seasoned architect with a wealth of experience. Delve into the intriguing intersection of business strategy and creative innovation as Blaser shares insights into crafting client partnerships and developing brand identities. Discover the art of experiential design and the transformative power of architectural storytelling, as Blaser discusses the importance of creating meaningful destinations rather than mere structures. Uncover the secrets behind crafting compelling brand experiences through architecture. Learn how to navigate the complexities of client relationships and project development...2024-05-0658 min
ArchTalkEpisode 13: From Founding to Branding: A 40-Year Architectural Business Journey with Mark ElsterIn this episode, Mark discusses the importance of choosing the right name for a firm, reflecting on its leadership and values while ensuring future growth and inclusivity. He shares the story of renaming the firm to AOME Architects, eliminating surnames to foster a culture of equality and set a foundation for future partners. Delving into the significance of branding and marketing in architecture, Mark offers insights into building a meaningful brand identity and the challenges of rebranding. Through some hard-hitting conversations about change orders, he emphasizes the importance of accountability and transparency in client relationships, advocating for a collaborative...2024-04-1943 min
Business of Architecture Podcast527: Guerilla Tactics for Small Practice Growth with Rion WillardIn this episode, Rion Willard delves into the untapped potential of small architecture practices. Through engaging anecdotes and insightful observations, he unveils strategies for financial empowerment and business growth, challenging conventional notions within the industry. With a focus on innovation and collaboration, Rion emphasizes the transformative impact of redefining success in architecture. Listeners are invited to explore the six stages of the free architect, each offering a pathway to enhanced agency and profitability. Throughout the episode, practical tips and thought-provoking insights are seamlessly woven into the narrative, promising listeners a wealth of inspiration and actionable advice....2024-04-1222 minBusiness of Architecture Podcast527: Guerilla Tactics for Small Practice Growth with Rion WillardIn this episode, Rion Willard delves into the untapped potential of small architecture practices. Through engaging anecdotes and insightful observations, he unveils strategies for financial empowerment and business growth, challenging conventional notions within the industry. With a focus on innovation and collaboration, Rion emphasizes the transformative impact of redefining success in architecture. Listeners are invited to explore the six stages of the free architect, each offering a pathway to enhanced agency and profitability. Throughout the episode, practical tips and thought-provoking insights are seamlessly woven into the narrative, promising listeners a wealth of inspiration and actionable advice....2024-04-1222 min
The Unofficial Shopify PodcastInsights for European eCommerce SuccessListen in as we tackle the intricate world of e-commerce internationalization, with a particular focus on the contrasting landscapes between North America and Europe. I'm joined by David Simoas, an expert in the field hailing from the Czech Republic, who shares his rich experience navigating through the complex terrain of culturally diverse European markets. We dissect the ease of conducting e-commerce in the States and how it starkly differs from Europe's language barriers, currency variations, and a maze of regulations that could befuddle even the most seasoned entrepreneurs.Venturing across borders in the digital marketplace brings a...2024-03-1240 min
The Unofficial Shopify PodcastSharma's Success SecretsNik Sharma, the brains behind Sharma Brands, has gone from freelance hotshot to the head honcho of a major digital agency that's a big deal in the CPG world. Nik walks us through how Sharma Brands evolved, bringing everything in-house. Think of it as a digital shopping mall, where each floor offers a new, top-notch service to boost your brand's online presence.Highlights(00:00) Sharma Brands and the DTC Evolution(08:34) Cutting Through the Noise(16:10) Brand Building and Content Creation(30:18) Retail Sales and DTC Technology(34:44) E-Commerce Strategies and Missed Opportunities(44:10) Learn More About...2024-02-1344 min
The Unofficial Shopify PodcastScaling Skincare: Bushbalm's RiseIn this Unofficial Shopify Podcast episode, we sit down with David Gaylord, the mastermind behind Bushbalm Skincare. From his Shopify days to leading a skincare revolution, David reveals the art of growing a business from its online roots to retail success. He emphasizes the crucial roles of web design and ongoing marketing refinement. David's journey with Bushbalm, Ottawa's fastest-growing company, serves as a playbook for Shopify entrepreneurs, highlighting the virtues of patience and strategic growth in e-commerce. Expect a straight-to-the-point, insightful discussion, tailor-made for those looking to make their mark in the digital marketplace.Show Links...2023-12-1949 min
SCOTUS AudioVidal, Under Sec. Of Comm. v. ElsterSection 1052(c) of Title 15 provides in pertinent part that a trademark shall be refused registration if it "[c]onsists of or comprises a name * * * identifying a particular living individual except by his written consent." 15 U.S.C. 1052(c). The question presented is as follows:
Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.2023-12-151h 15
Business of Architecture Podcast493: Revolutionizing Architectural Profit: Unlocking Financial Success with Mike MichalowiczIn this episode, Enoch Sears explores a pressing issue many architects face: effectively managing profit within their firms. He invites Mike Michalowicz, an esteemed author and entrepreneur, to shed light on this challenge. Together, they delve into the intricacies of achieving financial success in the entrepreneurial world. Michalowicz, known for his revolutionary approach to business finance, shares his global experiences and insights, gathered from his extensive travel and interactions with entrepreneurs across different cultures. The conversation highlights the universal challenges faced by entrepreneurs and the innovative mindset needed to overcome them. Michalowicz also discusses his...2023-11-2735 minBusiness of Architecture Podcast493: Revolutionizing Architectural Profit: Unlocking Financial Success with Mike MichalowiczIn this episode, Enoch Sears explores a pressing issue many architects face: effectively managing profit within their firms. He invites Mike Michalowicz, an esteemed author and entrepreneur, to shed light on this challenge. Together, they delve into the intricacies of achieving financial success in the entrepreneurial world. Michalowicz, known for his revolutionary approach to business finance, shares his global experiences and insights, gathered from his extensive travel and interactions with entrepreneurs across different cultures. The conversation highlights the universal challenges faced by entrepreneurs and the innovative mindset needed to overcome them. Michalowicz also discusses his...2023-11-2735 min
Supreme Court of the United StatesVidal v. Elster, No. 22-704 [Arg: 11.1.2023]QUESTION PRESENTED: Issue(s): Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.
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2023-11-251h 15
The Briefing by Weintraub TobinSCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is UnconstitutionalThe Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Today, November 1, 2023, the Supreme Court will hear oral arguments on whether the Trademark Office’s refusal to register the trademark “Trump Too Small” on the grounds that it violates Section Two C o...2023-11-1703 min
The Briefing by Weintraub TobinSCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is UnconstitutionalThe Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:Today, November 1, 2023, the Supreme Court will hear oral arguments on whether the Trademark Office’s refusal to register the trademark “Trump Too Small” on the grounds that it violates Section Two C of the Lanham...2023-11-1703 min
Battle of the Titans/Theology/God's Creation/Education/Political Musings Newsletter & PodcastVidal v. Elster, No. 22-704 [Arg: 11.1.2023]Yes, I enjoy listening to SCOTUS Oral Arguments on my walks….. Enjoy - efdVidal v. Elster, No. 22-704 [Arg: 11.1.2023]Issue(s): Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.Gene Douglass for Congress, NC #2 Battle Good v Evil is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. If you wish to donate to my cam...2023-11-131h 15
The Unofficial Shopify PodcastRiding Vinyl's RevivalWe're diving deep into the vinyl revival with Mark Poppen, the man behind Funky Moose Records. If you've ever wondered why vinyl records are outselling CDs or how to make a dent in the eCommerce world, this chat's for you. Mark shares how he rode the wave of vinyl's resurgence and built an eCommerce empire. We delve into the nitty-gritty—from SEO tactics to dealing with suppliers and why sometimes, you've got to trust your gut over the data. Mark even spills the beans on how he navigated a near-crisis with a key distributor. It's a laid-back chat with se...2023-11-0741 min
Supreme Court Oral Arguments[22-704] Vidal v. ElsterVidal v. Elster
Wikipedia · Justia · Docket · oyez.org
Argued on Nov 1, 2023.
Petitioner: Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office.Respondent: Steve Elster.
Advocates: Malcolm L. Stewart (for the Petitioner)
Jonathan E. Taylor (for the Respondent)
Facts of the case (from oyez.org)
In 2018, Steve Elster attempted to register the phrase “TRUMP TOO SMALL” for use on various types of shirts, intending the mark to serve as political commentary on President Donald Trump and his pol...2023-11-011h 15
Business of Architecture Podcast489: Architectural Permitting Pitfalls: From Red Tape to Red Carpet with Joe Russo Every architect knows that designing a building is only half the battle; obtaining the necessary permits and approvals can often be a labyrinthine process filled with unexpected setbacks and frustrations. Navigating the intricacies of the architecture world isn't just about design and construction; it often hinges on the art of communication. In this riveting podcast episode, Joe dives deep into the challenges architects face, particularly when they're up against building departments. From unexpected hurdles post-COVID to mastering the nuances of code-related discussions, Joe and Enoch discuss strategies every architect can adopt.2023-10-3053 minBusiness of Architecture Podcast489: Architectural Permitting Pitfalls: From Red Tape to Red Carpet with Joe Russo Every architect knows that designing a building is only half the battle; obtaining the necessary permits and approvals can often be a labyrinthine process filled with unexpected setbacks and frustrations. Navigating the intricacies of the architecture world isn't just about design and construction; it often hinges on the art of communication. In this riveting podcast episode, Joe dives deep into the challenges architects face, particularly when they're up against building departments. From unexpected hurdles post-COVID to mastering the nuances of code-related discussions, Joe and Enoch discuss strategies every architect can adopt.2023-10-3053 min
Tiers of Scrutiny w/ Eva Eapen & Pari SidanaTrump Too Small? (Vidal v. Elster)Question at hand: Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?
2023-09-1109 min
Business of Architecture Podcast476: Networking to Build Relationships and Win Commissions with Mark Elster of AOME ArchitectsArchitect Mark Elster is co-founder of the acclaimed AOME Architects based in Seattle, Washington. AOME Architects designs stunning private residences across the Pacific Northwest. In this episode, you'll discover leadership lessons in running a small firm and Mark's approach to building relationships and winning commissions. To learn more about Mark visit his: Website: https://aomearchitects.com/ Facebook: https://www.facebook.com/aome.architects/ Instagram: https://www.instagram.com/aome.architects/ LinkedIn: https://www.linkedin.com/company/aome-architects-ps/ ► Feedback? Email us at podcast@businessofarchitecture.com2023-07-3152 minBusiness of Architecture Podcast476: Networking to Build Relationships and Win Commissions with Mark Elster of AOME ArchitectsArchitect Mark Elster is co-founder of the acclaimed AOME Architects based in Seattle, Washington. AOME Architects designs stunning private residences across the Pacific Northwest. In this episode, you'll discover leadership lessons in running a small firm and Mark's approach to building relationships and winning commissions. To learn more about Mark visit his: Website: https://aomearchitects.com/ Facebook: https://www.facebook.com/aome.architects/ Instagram: https://www.instagram.com/aome.architects/ LinkedIn: https://www.linkedin.com/company/aome-architects-ps/ ► Feedback? Email us at podcast@businessofarchitecture.com2023-07-3152 min
Mark ElsterMoving BoxesMoving Boxes by Mark Elster2023-07-2003 minThe Briefing by Weintraub TobinUSPTO Suspends Applications Including Criticisms of Known Living FiguresThe U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Tara:
The U.S. Supreme Court has agreed to hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to secure registration of a trademark using the name of living persons withou...2023-06-2405 minThe Briefing by Weintraub TobinUSPTO Suspends Applications Including Criticisms of Known Living FiguresThe U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Tara:
The U.S. Supreme Court has agreed to hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to secure registration of a trademark using the name of living persons withou...2023-06-2405 min