2024: Supreme Court Rules California Man Can’t Trademark ‘Trump Too Small’

WASHINGTON The Supreme Court decided unanimously on Thursday against a man seeking to trademark the oblique phrase “Trump too small.”

The court maintained that the government had the right to refuse Steve Elster, a Californian who wanted to use the slogan only on T-shirts and maybe other products, a trademark. It is one of many legal proceedings involving former President Donald Trump, including significant ones about the bloody assault on the Capitol in 2021. The court established guidelines earlier in the current term enabling public officials to be sued for removing detractors from their social media accounts. These instances had to do with Donald as well.

trump | AP News image

Supreme Court Rules California Man Can’t Trademark ‘Trump Too Small’

The Justice Department backed President Joe Biden’s presumed opponent in the 2024 election, his predecessor. According to government representatives, the phrase “Trump too small” may still be used, but as Donald had not given his approval, it could not be trademarked. You can already buy “Trump too small” T-shirts online.

Elster’s attorneys had contended that the ruling infringed his right to free speech, and a federal appeals court agreed.

Chief Justice John Roberts warned at arguments that if Elster prevailed, individuals would rush to trademark “Trump too this, Trump too that.”

While the nine judges unanimously agreed to reject Elster’s First Amendment argument, their reasoning varied and comprised 53 pages of opinions.

In the last six years, the justices have twice overturned federal law clauses that denied trademarks deemed scandalous or immoral in one case and insulting in another.

Trump | PixaBay Image

Supreme Court Rules California Man Can’t Trademark

Elster’s case addressed a different rule that states that unless the person has provided “written consent,” a trademark application containing a name, photograph, or signature “identifying a particular living individual” will be denied.

The core of the lawsuit refers to a conversation Donald had with Florida Senator Marco Rubio during the 2016 campaign. At the time, Rubio was vying for the Republican presidential nomination.

At a speech, Rubio started the verbal sparring by telling supporters that Donald, who claims to be 6 feet 3 inches tall, had disproportionately small hands and that Donald had always called him “little Marco.” Had you looked at his hands? And you are aware of the saying regarding males with little hands, Rubio added. “You can’t rely on them.”

Trump | Pixa Bay Image

Supreme Court Rules California Man Can’t Trademark ‘Trump Too Small’

Donald later brought up the remark during a televised debate on March 3, 2016.

Stare at those hands. Are those little hands? And he said something about my hands being small, so something else had to be, too. There is no difficulty, I promise you. You have my word,” he declared.

SOURCE – (AP)