The case dates back to a presidential primary debate to 2016 and Sen. Marco Rubio's mocking of candidate Donald Trump as having"small hands."The justices of the U.S. Supreme Court appeared skeptical of an attempt by a part-time Democratic activist to trademark the phrase"Trump too small" and put it on T-shirts.The justices of the U.S.
The U.S. Court of Appeals for the Federal Circuit disagreed, ruling that the denial of the trademark violated Elster's free speech rights."The question is, is this an infringement on speech? And the answer is no," said Justice Sonia Sotomayor."He can sell as many shirts with this saying as he wants."
In other words, the denial of the trademark means that Elster can't charge others a fee for using the phrase"Trump too small." Justice Neil Gorsuch chimed in to say that"there have always been content restrictions of some kind" on trademarks. Justice Brett Kavanaugh agreed, noting that"Congress thinks it's appropriate to put a restriction on people profiting off commercially appropriating someone else's name."
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