The U.S. Supreme Court barred on Thursday a federal trademark for the phrase “Trump Too Small” – an irreverent criticism of former President Donald Trump – rejecting a California lawyer’s claim that the trademark denial violated his constitutional free speech rights.
The justices unanimously agreed that the “names clause” provision at issue is constitutional, but differed in their reasons for reaching that conclusion. Elster applied for the trademark in 2018 to place on shirts – along with a mocking hand gesture illustration – invoking an exchange between Trump and U.S. Senator Marco Rubio during a debate among candidates for the 2016 Republican presidential nomination. Trump earlier had insulted Rubio as “Little Marco.” Rubio retorted that Trump had disproportionately small hands.
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