Supreme Court agrees to hear dispute over effort to trademark "Trump Too Small"
CBSN
Washington — The Supreme Court said Monday that it will hear a dispute arising from an unsuccessful effort to trademark the phrase "Trump Too Small" to use on t-shirts and hats, a nod to a memorable exchange between then-presidential candidates Marco Rubio and Donald Trump during a 2016 Republican presidential primary debate.
At issue in the case, known as Vidal v. Elster, is whether the U.S. Patent and Trademark Office violated the First Amendment when it refused to register the mark "Trump Too Small" under a provision of federal trademark law that prohibits registration of any trademark that includes a name of a living person unless they've given written consent. The justices will hear arguments in its next term, which begins in October, with a decision expected by June 2024.
The dispute dates back to 2018, when Steve Elster, a California lawyer and progressive activist, sought federal registration of the trademark "Trump Too Small," which he wanted to put on shirts and hats. The phrase invokes a back-and-forth between Trump and Florida Sen. Marco Rubio, who were at the time seeking the 2016 GOP presidential nomination, during a televised debate. Rubio had made fun of Trump for allegedly having small hands, insinuating that Trump has a small penis.
