Supreme Court blocks 'Trump too small' trademark gambit

WASHINGTON — The Supreme Court on Thursday rebuffed a California lawyer's attempt to trademark the phrase 'Trump too small,' a reference to a crude joke made about former President Donald Trump. The court ruled unanimously in favor of the U.S. Patent and Trademark Office over its decision to reject the application brought by Steve Elster. In doing so the court tossed out a U.S. Court of Appeals for the Federal Circuit ruling.

The slogan appears on the front of a T-shirt Elster created, with “Trump’s package is too small” on the back. Elster said in his application that he wanted to spread a message that “some features of President Trump and his policies are diminutive.” But the trademark office rejected his application on the grounds that members of the public would immediately associate the word “Trump” with the then-president. Under established law, Trump’s written consent would be required, the office concluded.

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