Supreme Court blocks 'Trump too small' trademark gambit
The Supreme Court rebuffed a California lawyer's attempt to trademark the phrase "Trump too small," a reference to a crude joke made about former President Donald Trump.
WASHINGTON — The Supreme Court on Thursday rebuffed a California lawyer's attempt to trademark the phrase "Trump too small," a reference to a crude joke made about former President Donald Trump.
The court ruled unanimously in favor of the U.S. Patent and Trademark Office over its decision to reject the application brought by Steve Elster. In doing so the court tossed out a U.S. Court of Appeals for the Federal Circuit ruling.
Writing for the court, Justice Clarence Thomas said that "history and tradition" suggested that restrictions on people trademarking certain names do not violate the Constitution's First Amendment.
The law in question "is of a piece with a common-law tradition regarding the trademarking of names. We see no reason to disturb this longstanding tradition, which supports the restriction of the use of another's name in a trademark," Thomas added.
The “Trump too small” phrase is a reference to a 2016 Republican presidential primary debate featuring Trump and Sen. Marco Rubio, of Florida. Rubio joked about what he said were Trump’s small hands, adding: “And you know what they say about guys with small hands.”
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