Supreme Court rules California man can't trademark 'Trump too small'

WASHINGTON — The Supreme Court on Thursday ruled against a man who wants to trademark the suggestive phrase “Trump too small.”

The Justice Department supported President Joe Biden’s predecessor and presumptive opponent in the 2024 election. Government officials said the phrase “Trump too small” could still be used, just not trademarked because Trump had not consented to its use. Indeed, “Trump too small” T-shirts can already be purchased online.

At arguments, Chief Justice John Roberts said that if Elster were to win, people would race to trademark “Trump too this, Trump too that.” Elster's case dealt 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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