The US Supreme Court ruled on Thursday that a citizen cannot register the trademark “Trump too small” due to its sexual connotations, upholding the right of a living person to control the use of their name. The decision does not violate the First Amendment and overturned an appellate court decision.
In 2018, a California lawyer named Steve Elster was denied permission to register “Trump too small” as a trademark by the agency due to the requirement for obtaining consent from living persons to use their name. However, Elster argued for freedom of expression and criticizing public figures, particularly President Donald Trump. The phrase was inspired by Senator Marco Rubio’s comment during the 2016 Republican primary debates about Trump’s hands.
The federal administration sought intervention from the Supreme Court, arguing that not registering the phrase as a trademark did not prohibit its use but only deprived it of certain legal protections. This case highlights the intersection of free speech, trademark law, and individuals’ rights to control their names.
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