The United States Supreme Court on Thursday unanimously rejected an attempt by a California man to trademark the phrase “Trump too small.”
The man, Steve Elster, sought to print T-shirts with the slogan referencing Republican presidential candidate Donald Trump.
The court upheld the Patent and Trademark Office’s decision to deny Elster’s trademark application. Elster had argued that the PTO’s rejection violated his First Amendment free speech rights. However, the Supreme Court countered this claim, citing the Lanham Act, which bars the registration of a trademark that includes the name of a living person without their written consent.
“Even when the trademark’s message is neutral or complimentary, a person may withhold consent to avoid any association with the goods, or to prevent his name from being exploited for another’s gain,” Judge Clarence Thomas wrote in the opinion.
It is important to note that Trump, a former president facing multiple legal challenges and seeking a return to the White House in the upcoming election, was not directly involved in this case. Last month, he was convicted in New York of falsifying business records and faces charges related to efforts to overturn the 2020 election results, which he lost to Democrat Joe Biden.
The phrase “Trump too small” has its origins in a 2016 Republican presidential primary debate. During the debate, Florida Senator Marco Rubio mocked Trump by saying he had “small hands,” adding, “And you know what they say about guys with small hands,” making a sexually suggestive joke. Trump, who often called Rubio “Little Marco” during the campaign, retorted, “I guarantee you there is no problem.”
Elster’s attorney argued that the phrase “Trump too small” was intended as “political commentary” and aimed to critique “the smallness of Donald Trump’s overall approach to governing as president of the United States.”