The Supreme Court on Wednesday is set to consider whether a California lawyer can own a federal trademark covering the phrase "Trump Too Small" over the objections of the U.S. Patent and Trademark Office in a legal fight over the interplay between trademarks and constitutional free-speech rights.
"Look at those hands. Are they small hands?" Trump asked at the debate. "If they're small, something else must be small. I guarantee you, there's no problem. I guarantee it." The trademark office rejected Elster's application based on a 1946 federal law that bans the use of a person's name in a trademark without their permission. But a federal appeals court sided with Elster, finding that the government's interest in protecting the privacy and publicity rights of public figures did not supersede Elster's right to criticize them, as protected by the U.S. Constitution's First Amendment.
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