Brief Fact Summary. Texas state law prohibits the use of a trade name by optometrists.
Synopsis of Rule of Law. Trade names are not a form of commercial speech, as they have no intrinsic meaning.
Issue. Is this restriction on the use of trade names constitutional?
Held. Yes. Texas has demonstrable evidence of public misunderstanding associated with the use of trade names.
The Court unanimously held that this section of the act was constitutional because it was reasonably related to the State's legitimate purpose of securing a Board that will administer the Act faithfully.View Full Point of Law