The case asks whether Steve Elster may trademark the double-entendre phrase “Trump Too Small” for use on t-shirts criticizing former president Donald Trump.
Supreme Court justices across the ideological divide seemed skeptical Wednesday that a California lawyer has a free-speech right to trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former presidentIn fact, Chief Justice John G. Roberts Jr. opined, ruling for Trump critic Steve Elster could make it harder for others to create their own takes about the man running to reclaim his old job.
but not impose unwanted consequences for other areas of the law, such as copyrights for book titles that use a person’s name.The bottom line, Justice Sonia Sotomayor said, was that Elster did not suffer an injury when his trademark request was denied. The phrase draws from a locker-room taunt during the 2016 presidential campaign. Tired of Trump’s use of “Little Marco,” Sen. Marco Rubio mentioned the size of Trump’s hands during a campaign stop.“Look at those hands, are they small hands?” Trump said, raising them for viewers to see. “And, he referred to my hands — ‘If they’re small, something else must be small.’ I guarantee you there’s no problem. I guarantee.”phrase to criticize the size of Trump’s package of policy proposals.
Even if the justices seemed generally to think the government should prevail, some looked for an easier way to rule than deciding whether a trademark was a benefit the government was free to restrict.
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