The Supreme Court agreed to take up a trademark dispute over an individual’s wish to register “Trump too small” as a slogan for T-shirts and hats.
The case is the latest dispute before the court to pit the First Amendment against federal trademark law. The man, California attorney Steve Elster, said he sought the mark as a part of political commentary targeting now-former President Donald Trump. The phrase “Trump too small” stemmed from an exchange between Trump and Florida GOP Sen. Marco Rubio during a 2016 presidential primary debate.
” The US Patent and Trademark Office had refused registration because the use of the name “Trump” would be construed by the public as a reference to Trump, and without the former president’s consent, the registration must be refused. Elster appealed to the USPTO’s Trademark Trial and Appeal Board, which ultimately refused registration. An appeals court reversed, holding that the refusal – under a section of the Lanham Act, a federal trademark law – violated the First Amendment.
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