'Trump Too Small' - a phrase mocking former President Donald Trump that a California lawyer intended to slap on T-shirts - instead has become the center of another U.S. Supreme Court battle exploring the intersection of trademark law and free speech rights.
Republican U.S. presidential candidate Marco Rubio and rival candidate Donald Trump speak simultaneously at the U.S. Republican presidential candidates debate in Detroit, Michigan, March 3, 2016. REUTERS/Jim Young/File Photo
Elster has argued that a ruling favoring the government would give politicians improper control over speech about them. The agency, on the other hand, has said that trademarks like Elster's could restrict the free speech of others on political matters by giving legal ownership of certain words to specific people.The Supreme Court in recent years has struck down two trademark laws based on free speech concerns.
"Look at those hands. Are they small hands?" Trump asked. "If they're small, something else must be small. I guarantee you, there's no problem. I guarantee it." The trademark office said that the law is meant to prevent a person's name from "being exploited for another's commercial gain," and has been used to reject trademarks with positive connotations and neutral ones in addition to critical messages.
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