The Supreme Court agreed on Monday to decide whether a California lawyer may trademark the phrase “Trump too small,” a reference to a taunt from Senator Marco Rubio, Republican of Florida, during the 2016 presidential campaign.
Mr. Rubio said Donald J. Trump had “small hands,” adding: “And you know what they say about guys with small hands.”The lawyer, Steve Elster, said in his trademark application that he wanted to convey the message that “some features of President Trump and his policies are diminutive.” He sought to use the phrase on the front of T-shirts with a list of Mr. Trump’s positions on the back.
For instance: “Small on civil rights.”A federal law forbids the registration of trademarks “identifying a particular living individual except by his written consent.” Citing that law, the Patent and Trademark Office rejected the application.
A unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the First Amendment required the office to allow the registration.
Persons:
Trump, Marco Rubio, Rubio, Donald J, ”, Steve Elster
Organizations:
Republican, U.S ., Appeals, Federal Circuit
Locations:
California, Florida