There will be no “Trump too small” T-shirts or hats available for sale in the U.S. The Supreme Court ruled against a man who tried to trademark the phrase.
Steve Elster sought to trademark the phrase following a 2016 Republican presidential debate where Sen. Marco Rubio criticized Trump for his small hands. Elster created apparel with the mocking comment but was unable to trademark it as the Patent and Trademark Office cited a rule prohibiting registration of names or phrases that include a living person’s name.
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A lower court argued that denying Elster the trademark violated his free speech rights, but the Supreme Court disagreed. Justice Clarence Thomas wrote that the tradition of restricting the trademarking of names aligns with the First Amendment.
This case highlighted the unique situation where the Patent and Trademark Office, under the Biden administration, defended its decision to block the trademark of a mocking phrase aimed at Trump. Biden and Trump are expected to face off in a rematch of the 2020 presidential election.
