The Supreme Court has signaled that it would rule against a man who wants to trademark the suggestive phrase “Trump too small.”
Nine justices make up the Supreme Court. Here's a look at all nine justices who make up the U.S. Supreme Court, including the newest Associate Justice Ketanji Brown Jackson.The dispute is over the government's decision to deny a trademark to Steve Elster, a California man seeking exclusive use of the phrase on T-shirts and potentially other merchandise.
Chief Justice John Roberts, positing what might happen if Elster were to win, said people then would race to trademark "Trump too this, Trump too that."The Justice Department is supporting President Joe Biden’s once and possibly future rival. Government officials said the phrase "Trump too small" could still be used, just not trademarked because Trump had not consented to its use. Indeed, "Trump too small" T-shirts already can be purchased online.
Justice Amy Coney Barrett, one of Trump's three Supreme Court appointees, leaned into the phrase as she wondered how the court would analyze an imaginary law denying a copyright to an author. The new case deals with another measure calling for a trademark request to be refused if it involves a name, portrait or signature "identifying a particular living individual" unless the person has given "written consent."
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Supreme Court will consider lawyer's bid to trademark 'Trump too small' sloganKaelan Deese is a Supreme Court reporter for the Washington Examiner covering the latest happenings at the nation's highest court and the legal issues surrounding Second Amendment rights, abortion, and religious liberties. He previously wrote breaking news as a fellow for the Hill during the 2020 election cycle.
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