SCOTUS Rejects Trademark On Trump’s “Small” Junk

The Washington Post reports:

The Supreme Court on Thursday rejected a California lawyer’s free-speech claim that he may trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former president Donald Trump.

The Biden administration asked the justices to uphold the U.S. Patent and Trademark Office’s decision to deny the trademark application from attorney Steve Elster because federal law disallows trademarks that use a person’s name without their consent.

The decision reverses a unanimous panel of the U.S. Court of Appeals for the Federal Circuit, which said in 2022 that a prohibition on violating a person’s privacy was outweighed by Elster’s First Amendment right to criticize public officials.

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