The dispute is over whether lawyer Steve Elster can register "Trump too small" as a trademark for use on T-shirts.
The court on Monday agreed to consider whether Steve Elster could register the trademark for the phrase — a double-entendre meant to insinuate a correspondingly small penis — amid government claims that it would require the written approval of Trump himself. The case will be argued and decided in the court's next term, which begins in October and ends in June 2024.
When Elster sought to register the trademark with the U.S. Patent and Trademark Office in 2018, he was rejected on the grounds that members of the public would immediate associate the word"Trump" with the then-president. Under established law, the written consent of Trump would be required, the office concluded.featuring both Trump and Rubio.
In a February 2022 ruling, the U.S. Court of Appeals for the Federal Circuit ruled against the trademark office, saying the denial violated Elster's free speech rights under the Constitution's First Amendment.
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