Supreme Court to hear First Amendment case on ‘Trump too small’ trademark.

Supreme Court to Consider First Amendment Rights in “Trump Too Small” Trademark Case

The Supreme Court agreed on Monday to consider if a California attorney has a First Amendment right to trademark the phrase “Trump too small” for use on T-shirts mocking the former president.

The case involves attorney Steve Elster’s application to trademark the phrase “Trump too small” for use on T-shirts. The Biden administration has asked the Supreme Court to uphold the U.S. Patent and Trademark Office’s rejection of Elster’s application, citing federal law that prohibits trademarks using a person’s name without consent.

The Backstory

The idea for the merchandise came after a heated exchange between then-candidate Donald Trump and Sen. Marco Rubio during the 2016 Republican presidential bid. Rubio, growing tired of Trump’s taunts calling him “Little Marco,” pointed out the size of Trump’s hands during a campaign stop, saying “You know what they say about men with small hands. You can’t trust ’em.”

Elster sought to register the trademark in 2018 but was rejected on the basis that people would associate the word “Trump” with the then-president. Elster argued that the denial violated his free speech rights under the First Amendment.

The U.S. Court of Appeals for the Federal Circuit ruled in favor of Elster in February 2022, but the Justice Department has asked the Supreme Court to take up the case.

What’s Next?

The Supreme Court will hear the case for the fall term, and it will likely be heard by the full court before January. Stay tuned for updates on this First Amendment rights case.