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.
Discussion. The danger of confusing the public is very real. The names are sold as part of the business of optometry. Therefore, a name that used to be associated with a certain level of quality due to the staff and practitioner may not be the same under the current management and is, therefore, misleading and deceptive.