The Supreme Court has unanimously ruled against Steve Elster, a Californian who sought to trademark the term "Trump too small." The government had refused to grant a trademark to Elster, who wanted to use the term on T-shirts and other items. This case is one of several involving former President Donald Trump that are pending before the court, including significant ones involving the violent assault on the Capitol in 2021. The court established guidelines earlier this term about when public officials may face legal action for removing dissenting opinions from their social media profiles.
Elster's attorneys claimed that the ruling infringed upon his right to free expression, and a federal appeals court upheld their claim. Chief Justice John Roberts predicted that businesses would rush to register trademarks for "Trump too this, Trump too that."
Despite their differences in reasoning, the nine justices concurred in dismissing Elster's First Amendment argument. In two separate cases over the last six years, the justices have overturned federal law provisions that prohibited trademarks they deemed scandalous or immoral in one instance and derogatory in another. In Elster's case, the second remedy was to deny a trademark request if it included a name, picture, or signature that would "identify a particular living individual" unless the subject had provided "written consent."
The key term in the case refers to a conversation between Florida Senator Marco Rubio and President Trump in 2016. Rubio accused Trump of being untrustworthy due to his disproportionately tiny hands.
Elster's attorneys claimed that the ruling infringed upon his right to free expression, and a federal appeals court upheld their claim. Chief Justice John Roberts predicted that businesses would rush to register trademarks for "Trump too this, Trump too that."
Despite their differences in reasoning, the nine justices concurred in dismissing Elster's First Amendment argument. In two separate cases over the last six years, the justices have overturned federal law provisions that prohibited trademarks they deemed scandalous or immoral in one instance and derogatory in another. In Elster's case, the second remedy was to deny a trademark request if it included a name, picture, or signature that would "identify a particular living individual" unless the subject had provided "written consent."
The key term in the case refers to a conversation between Florida Senator Marco Rubio and President Trump in 2016. Rubio accused Trump of being untrustworthy due to his disproportionately tiny hands.
