Justice Department asks Supreme Court not to trademark 'Trump too small'

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Justice Department asks Supreme Court not to trademark 'Trump too small'
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The Biden administration is asking the Supreme Court to halt the trademark 'Trump too small' in a legal battle over political speech and First Amendment rights where a federal law bans the use of an official's name without their permission for trademarks.

Republican presidential candidate and former President Donald Trump speaks at an annual leadership meeting of the Republican Jewish Coalition, Saturday, Oct. 28, 2023, in Las Vegas. Court arguments are beginning in the effort to bar former President Donald Trump from …too small” in a legal battle over political speech and First Amendment rights where a federal law bans the use of an official’s name without their permission for trademarks.

But legal scholars say it’s typical for the federal government to defend trademark laws, even with the prospect of another Biden v.is part of the Lanham Act, which governs trademarks. The law says the U.S. Patent and Trademark Office should refuse to register a trademark that “onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent.” The prohibition has been in effect since 1946.

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