WASHINGTON (AP) 鈥� The on Thursday ruled against a man who wants to 鈥淭rump too small.鈥�
The justices upheld the government鈥檚 decision to deny a trademark to Steve Elster, a California man seeking exclusive use of the phrase on T-shirts and potentially other merchandise. It is one of several cases at the court relating to former President Donald Trump. Last week, the court laid out standards for for blocking critics from their social media accounts. These cases were also related to Trump.
The Justice Department supported President Joe Biden鈥檚 predecessor and presumptive opponent in the 2024 election. Government officials said the phrase 鈥淭rump too small鈥� could still be used, just not trademarked because Trump had not consented to its use. Indeed, 鈥淭rump too small鈥� T-shirts can already be purchased online.
Elster鈥檚 lawyers had argued that the decision violated his free speech rights, and a federal appeals court agreed.
At arguments, Chief Justice John Roberts said that if Elster were to win, people would race to trademark 鈥淭rump too this, Trump too that.鈥�
Twice in the past six years, the seen as scandalous or immoral in one case and disparaging in another.
Elster's case dealt with another measure calling for a trademark request to be refused if it involves a name, portrait or signature 鈥渋dentifying a particular living individual鈥� unless the person has given 鈥渨ritten consent.鈥�
The phrase at the heart of the case is a reference to an exchange Trump had during the 2016 presidential campaign with Florida Sen. Marco Rubio, who was then also running for the Republican presidential nomination.
Rubio began the verbal jousting when he told supporters at a rally that Trump was always calling him 鈥渓ittle Marco鈥� but that Trump 鈥� who says he is 6 feet and 3 inches tall 鈥� has disproportionately small hands. 鈥淗ave you seen his hands? ... And you know what they say about men with small hands,鈥� Rubio said. 鈥淵ou can鈥檛 trust them.鈥�
Trump then brought up the comment at a televised debate on March 3, 2016.
鈥淟ook at those hands. Are they small hands? And he referred to my hands 鈥� if they鈥檙e small, something else must be small. I guarantee you there鈥檚 no problem. I guarantee you,鈥� he said.
Mark Sherman, The Associated Press
