June 13, 2024
The Supreme Court issued a ruling about former President Trump’s hands today.
Well, sort of.
To understand this case. You have to understand the backstory. So remember back on the campaign trail then presidential candidate Marco Rubio said this about trump’s hands?
Well – after that a guy named Steve Elster a California lawyer started selling this t-shirt. The front says trump too small…and the back lists policies he says trump goes small on. Well, for years Elster has been trying to trademark the phrase “Trump too small”. But when he submitted the application to the us patent and trademark office he was rejected. The trademark office said Elster couldn’t trademark the phrase because the law bars any mark that “identif[ies] a particular living individual” without that person’s written consent.” Obviously, trump has not consented to his name being used in this way. But trump was also – for four years – Trump was also the President of the United States. A public figure. Elster said the trademark denial is a violation of his first amendment right.
Today – the justices in the majority opinion written by justice Thomas said no – Steve Elster cannot trademark trump too small and the US patent and trademark office was correct in denying him that mark. They said “our courts have long recognized that trademarks containing names may be restricted.” He went on to say “this history and tradition is sufficient to conclude that the names clause — a content-based, but viewpoint-neutral, trademark restriction — is compatible with the first amendment.”
Now – very important. Just because Elster was not granted a trademark for his t-shirt slogan does not mean he has to stop selling it. He still has the right to sell his t-shirt. He just doesn’t have the trademark for it. It’s usually $39.99 but today it’s on sale for $24.99.
Read the “Trump too small” ruling here.
