FILE - The U.S. Supreme Court is seen on July 13, 2023, in Washington. In arguments on Nov. 1, Supreme Court justices will weigh a California man's attempt to trademark a phrase mocking former President Donald Trump as"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.
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.” Justice Sonia Sotomayor said that distinction was important because Elster is free to say and “sell as many shirts as he wants.” “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 new case deals with another measure calling for a trademark request to be refused if it involves a name, portrait or signature “identifying a particular living individual” unless the person has given “written consent.”
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