In a unanimous decision on Thursday, June 13, the U.S. Supreme Court ruled against a California man's attempt to trademark the phrase "Trump Too Small," which he intended to use on T-shirts.
The court upheld the U.S. Patent and Trademark Office's initial rejection of the trademark application, stating that the decision did not violate the applicant's First Amendment rights.
Steve Elster, a part-time Democratic activist, sought to trademark the phrase for use on T-shirts, which he sells online for $25 each. The phrase is a reference to a memorable exchange between former President Donald Trump and Florida Sen. Marco Rubio during the 2016 Republican presidential primary.
During a debate, Rubio made a crude joke about the size of Trump's hands, to which Trump responded by defending his hand size and implying that other parts of his anatomy were also not small.
Elster argued that the trademark office's refusal to grant him the trademark violated his First Amendment rights. However, the Supreme Court disagreed, citing a long history of trademark rejections when they include the names of living persons without their consent.
"The law at issue here is a content-neutral restriction on speech, and it is a reasonable means to achieve the government's interest in protecting the privacy and publicity rights of individuals," wrote Justice Clarence Thomas in the court's opinion.
The decision was unanimous, with all nine justices agreeing that the trademark office's rejection of Elster's application did not violate his First Amendment rights. The ruling is a significant victory for the U.S.
Patent and Trademark Office, which has long held that trademarks should not be granted for phrases that include the names of living individuals without their consent.
The case has drawn attention due to its connection to the 2016 presidential campaign and the ongoing political and cultural significance of the phrase "Trump Too Small."
However, the Supreme Court's decision focused on the legal issues surrounding trademark law and the First Amendment, rather than the political implications of the case.
As a result of the ruling, Elster will not be able to trademark the phrase "Trump Too Small," and the U.S. Patent and Trademark Office's decision to reject his application will stand.
