Supreme Court Rejects Attempt to Trademark ‘Trump Too Small’

Published on June 13, 2024

The Supreme Court ruled on June 13 against an attorney claiming that federal law violates the First Amendment by prohibiting him from trademarking the insult “Trump too small.” That phrase is a double entendre emanating from an exchange between then-candidate Donald Trump and Sen. Marco Rubio (R-Fla.) during one of the 2016 Republican presidential primary debates. The Patent and Trademark Office denied attorney Steve Elster’s attempt to trademark the phrase because of the Lanham Act, which contains a clause prohibiting registration of a mark that consists of an individual’s name without their consent. While the justices unanimously agreed that the Lanham Act didn’t violate the First Amendment, they fractured along multiple lines in reaching that conclusion....

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