Legal battle over trademark of the phrase 'Trump too Small'
US Supreme Court on Wednesday, the dispute over the trademark of the phrase «Trump too small» took center stage, raising crucial questions about the interplay between trademark rights and the freedom of expression. The case, unrelated to former President Donald Trump but fundamentally tied to issues of intellectual property and the First Amendment, revolves around California attorney Steve Elster's endeavor to register the suggestive slogan for T-shirts.
While Donald Trump is not a party to this legal battle, the case delves into the limitations of trademark law and the implications for constitutional rights.
The case initiated with Elster's application to trademark and produce T-shirts featuring the phrase «Trump too small.» However, his registration was denied by the US Patent and Trademark Office owing to the absence of any explicit written consent from Donald Trump to use his name within the trademark.
But, a federal appeals court held a contrary view, and the reason was that the courts denial amounted to a violation of Elster's free speech rights under the First Amendment.
The federal government, sought the Supreme Court's intervention arguing that the refusal to trademark the slogan does not prohibit its use, but it only means that the phrase is not protected under intellectual property laws.
The phrase «Trump too small» has its origins in the 2016 Republican presidential primaries, where Senator Marco Rubio of Florida commented on the size of Trump's hands.
