The Supreme Court in recent years has struck down two trademark laws based on free speech concerns.
Elster applied for the "Trump Too Small" trademark to use on T-shirts, inspired by an exchange between Trump and U.S.
Elster told the Supreme Court that his trademark uses a double meaning to criticize Trump while expressing his views about "the smallness of Donald Trump's overall approach to governing."
Ernst also said the law at issue does not further the overarching trademark law goal of preventing marketplace confusion.
"Nobody would be confused into believing that Donald Trump is selling T-shirts accusing him of being too small," Ernst said.
Persons:
Marco Rubio, Donald Trump, Jim Young, Foley, Lardner, Trump, Steve Elster's, Joe Biden's, Elster, Erik Brunetti, denigrate Rubio, Marco, " Rubio, Donald Trump's, Elizabeth Prelogar, Biden, Obama, Kate, Jonathan Moskin, Moskin, Jack Daniel's, Joe, Hillary, Samuel Ernst, Ernst, Blake Brittain, Will Dunham
Organizations:
Republican U.S, U.S, Republican, REUTERS, WASHINGTON, Supreme, U.S . Patent, Trump, Appeals, Federal Circuit, TRUMP, International Trademark Association, Golden Gate University School of Law, Thomson
Locations:
Detroit , Michigan, California, U.S, Virginia, America, Washington