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Steve Elster

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Supreme Court Examines Trademark Dispute Over 'Trump Too Small'
law-and-politics2 years ago

Supreme Court Examines Trademark Dispute Over 'Trump Too Small'

The Supreme Court heard arguments in a case involving a California lawyer's attempt to trademark the phrase "Trump too small," referencing a joke made by Senator Marco Rubio about Donald Trump's anatomy. The court appears likely to affirm the rejection of the trademark application, as justices expressed skepticism about the lawyer's claim that his free speech rights were violated. The lawyer argues that he should be allowed to criticize a public figure through his trademark, but the court noted historical prohibitions on trademarks referencing living people. Even if the trademark is not approved, the lawyer can still sell the T-shirts. The case is part of a series of Supreme Court cases addressing free speech rights in the trademark context.