The Biden administration asked the justices to uphold the U.S. Patent and Trademark Office’s decision to deny the patent application from attorney Steve Elster
The Supreme Court on Thursday rejected a California lawyer’s free-speech claim that he may trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former presidentasked the justices to uphold the U.S. Patent and Trademark Office’s decision to deny the patent application from attorney Steve ElsterBut a unanimous panel of the U.S.
“Look at those hands, are they small hands?” Trump said, raising them for viewers to see. “And, he referred to my hands — ‘if they’re small, something else must be small.’ I guarantee you there’s no problem. I guarantee.”Solicitor General Elizabeth B. Prelogar told the court that Elster is free to use the phrase “Trump Too Small” however he wants, but the government does not have to give him the protections that come with trademark registrations.
Living people have a valuable right to their own names, Prelogar wrote in advance of the oral argument. Elster’s “unquestioned First Amendment right to criticize the former President does not entitle him to enhanced mechanisms for enforcing property rights in another person’s name.”
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