WASHINGTON — The Supreme Court on Thursday unanimously 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.” Twice in the past six years, the justices have struck down provisions of federal law denying trademarks seen as scandalous or immoral in one case and disparaging in another.
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