The Supreme Court will hear arguments about whether a California man is able to trademark the phrase 'Trump too small.' The phrase appears to mock former President Donald Trump and suggests the GOP front-runner is 'too small' for office.
Attorney Steve Elster has been appealing the Patent and Trademark Office’s rejection of his trademark application for the use of the phrase on t-shirts, claiming the government violated his First Amendment rights by doing so.“He is taller than me, he’s like 6′ 2″, which is why I don’t understand why his hands are the size of someone who is 5′ 2,” Rubio told his supporters in a stump speech. “Have you seen his hands? And you know what they say about men with small hands — you can’t trust them.
Before the case landed at the Supreme Court, Elster appealed the initial ruling to the Trademark Trial and Appeal Board, which upheld the rejection. Chief Justice John Roberts pondered whether giving Elster the trademark could impede upon the rights of others to engage in political expression. “While celebrity fanbases can register their celebrity adoring names as trademarks , groups opposing presidential candidates have had their requests denied under the clause ,” they contended. “That is the opposite of the First Amendment’s command.”
“Let's imagine…somebody wants to write a book called ‘Trump Too Small’ that details Trump's pettiness over the years and just argues that he's not a fit public official…”“Even if Mr. Elster cannot register the mark ‘Trump too small,’ he can sell shirts with that slogan,” Deputy Solicitor General Malcolm Stewart argued, in his 100th appearance before the high court.
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