Mike Nepple Discusses Supreme Court Trademark Case with Bloomberg Law
November 7, 2023
Thompson Coburn partner Mike Nepple commented to Bloomberg Law on potential conclusions from
recent oral arguments for the pending U.S. Supreme Court case Vidal v. Elster, concerning
trademark registration and the First Amendment. Although attorneys
generally avoid assumptions about the court’s opinion based on oral arguments,
Nepple noted the potential outcome may be easier to read than in many cases.
“After hearing the oral argument, I think it’s a pretty safe
assumption that the court is going to rule on behalf of the government,” Nepple
said. “The interesting points in the opinion are going to be how narrow or
broad it is, and what standard applies.”
He also noted that the justices likely “don’t want to open a can
of worms” with unintended First Amendment consequences. “I think the opinion will
be very narrow, very tight, and very short,” he said.
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