The Supreme Court rejected a California lawyer’s attempt to trademark the phrase “Trump too small,” referencing a joke about former President Donald Trump. The court upheld the U.S. Patent and Trademark Office’s decision to deny the application, citing restrictions on trademarking names that do not violate the First Amendment.
The phrase comes from a 2016 debate between Trump and Sen. Marco Rubio, where Rubio commented on Trump’s hands. Despite the double entendre implying a small penis, the trademark application was rejected by the office due to public association with Trump.
The case raises questions about free speech rights and trademark laws. While the appeals court initially ruled in favor of the lawyer, Elster, the Supreme Court overturned that decision. The ruling reflects a broader trend of the court considering free speech in trademark cases, including recent decisions involving disparaging and scandalous language.
In summary, the Supreme Court’s rejection of the “Trump too small” trademark application underscores the balance between free speech and trademark restrictions.
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