United States – The Supreme Court on Thursday dealt a blow to the man who was seeking to trademark the slogan, “Trump too small.”
Case Involving Former President Trump
The justices supported the government’s action, claiming it was in their rights to refuse a trademark to Steve Elster, a man from California who wanted to use the phrase on T-shirts and possibly other products as well. This is one of the cases heard at the court involving the former president of the United States of America, Donald Trump. Earlier this week, the court explained which legal rules can be applied to lawsuits against officials for blocking them on social media. These were also connected with Trump, as reported by Associated Press.
As for the Justice Department, it stood for the predecessor and a potential opponent in the 2024 election of President Joe Biden. Trump noted that the phrase could still be used but not as a trademark because he had not agreed to it being used. In fact, “Trump too small” T-shirts are available online already.
Free Speech Challenge
The communications restriction was challenged by Elster’s lawyers on the grounds of free speech violation, and it was supported by a federal appeals court.
During arguments, there is a statement attributed to Chief Justice John Roberts that if Elster were to triumph, & people would trademark “Trump too this, Trump too that.”
Within the last two years, the justices have twice invalidated provisions of federal law that forbid the registration of scandalous or immoral trademarks in one case and disparaging trademarks in another.
Elster’s case concerned another provision for a trademark request to be refused in a case where it includes a name, portrait, or signature “identifying a particular living individual” unless the latter has provided “written consent. ”
The phrase at the center of the case is an allusion to an interaction Trump had in 2016, during his presidential campaign, with Senator Marco Rubio from Florida, also a candidate for the Republican nomination at the time.
Origin of the Slogan
Rubio initiated the slinging when he informed the fans at a rally that Trump constantly referred to him as “little Marco” and boasted of being 6 feet 3 inches tall but having babyish hands. “Have you seen his hands?” Trump offered: “And you know what they say about men with small hands. ”People tend to feel that: “You can’t trust them. ”
Trump again referred to the comment during a TV debate on 3 March 2016.
“Look at those hands. Are they small hands? And he referred to my hands — if they’re small, something else must be small. I guarantee you there’s no problem. I guarantee you,” he said, as reported by Associated Press.