Posted on Nov 1, 2023
Supreme Court seems likely to rule against trademark in 'Trump too small' case - Maryland Daily...
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The Supreme Court signaled Wednesday that it would rule against a man who wants to trademark the suggestive phrase “Trump too small.”
The dispute is over the government’s decision to deny a trademark to Steve Elster, a California man seeking exclusive use of the phrase on T-shirts and potentially other merchandise. It is the latest case relating to former President Donald Trump to reach the Supreme Court, following arguments Tuesday in social media cases with echoes of Trump.
The justices repeatedly invoked the phrase as they questioned whether the government was justified in denying the trademark. Elster’s lawyers argue that the decision violated his free speech rights, and a federal appeals court agreed.
The dispute is over the government’s decision to deny a trademark to Steve Elster, a California man seeking exclusive use of the phrase on T-shirts and potentially other merchandise. It is the latest case relating to former President Donald Trump to reach the Supreme Court, following arguments Tuesday in social media cases with echoes of Trump.
The justices repeatedly invoked the phrase as they questioned whether the government was justified in denying the trademark. Elster’s lawyers argue that the decision violated his free speech rights, and a federal appeals court agreed.
Supreme Court seems likely to rule against trademark in 'Trump too small' case - Maryland Daily...
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Posted 7 mo ago
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PO1 William "Chip" Nagel
..."The justices repeatedly invoked the phrase as they questioned whether the government was justified in denying the trademark. Elster's lawyers argue that the decision violated his free speech rights, and a federal appeals court agreed.
Chief Justice John Roberts, positing what might happen if Elster were to win, said people then would race to trademark "Trump too this, Trump too that."
The Justice Department is supporting President Joe Biden's once and possibly future rival. Government officials said the phrase "Trump too small" could still be used, just not trademarked because Trump had not consented to its use. Indeed, "Trump too small" T-shirts already can be purchased online.
Justice Sonia Sotomayor said that distinction was important because Elster is free to say and "sell as many shirts as he wants."
Justice Amy Coney Barrett, one of Trump's three Supreme Court appointees, leaned into the phrase as she wondered how the court would analyze an imaginary law denying a copyright to an author.
"Somebody wants to write a book called 'Trump too small' that details Trump's pettiness over the years and just argues that he's not a fit public official," Barrett said."...
..."The justices repeatedly invoked the phrase as they questioned whether the government was justified in denying the trademark. Elster's lawyers argue that the decision violated his free speech rights, and a federal appeals court agreed.
Chief Justice John Roberts, positing what might happen if Elster were to win, said people then would race to trademark "Trump too this, Trump too that."
The Justice Department is supporting President Joe Biden's once and possibly future rival. Government officials said the phrase "Trump too small" could still be used, just not trademarked because Trump had not consented to its use. Indeed, "Trump too small" T-shirts already can be purchased online.
Justice Sonia Sotomayor said that distinction was important because Elster is free to say and "sell as many shirts as he wants."
Justice Amy Coney Barrett, one of Trump's three Supreme Court appointees, leaned into the phrase as she wondered how the court would analyze an imaginary law denying a copyright to an author.
"Somebody wants to write a book called 'Trump too small' that details Trump's pettiness over the years and just argues that he's not a fit public official," Barrett said."...
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