Supreme Court Appears Unlikely to Allow Trademark for 'Trump Too Small' T-Shirts

In a case that tests the boundaries of the First Amendment, the Supreme Court heard arguments on Wednesday about whether a federal trademark statute that prevented a political activist from registering the phrase "Trump Too Small" as a slogan for t-shirts without former President Donald Trump's permission violates free speech rights. Steve Elster, the activist, argued that the mark criticizes Trump's approach to governing and references a comment he made about his anatomy during a 2016 Republican primary debate. The justices expressed skepticism about Elster's claim, noting that the government has historically set boundaries on what can be trademarked. They seemed inclined to side with the U.S. Patent and Trademark Office, which denied Elster's application citing the law that prohibits trademarks involving a person's name. Elster's lawyer argued that his client's free speech rights were being burdened by the denial. The court is now faced with the opportunity to issue a sweeping ruling about the First Amendment's role in trademark law.

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