The Supreme Court and the “Trump Too Small” Trademark Dispute

The Supreme Court is currently considering a case that involves a phrase mocking former President Donald Trump as “too small”. The phrase, which was coined by a California lawyer and activist named Steve Elster, is a reference to a crude joke that Senator Marco Rubio made about Trump’s hand size and implied genitalia during the 2016 presidential campaign. Elster applied to register “Trump too small” as a trademark for his T-shirts, but the U.S. Patent and Trademark Office (USPTO) rejected his application, citing a law that requires the written consent of a living individual whose name, portrait, or signature is used in a trademark.
