U.S. Supreme Court Blocks Effort to Trademark ‘Trump Too Small’ as a Merchandise

The U.S. Supreme Court has halted a Californian man’s effort to trademark the phrase ‘Trump Too Small’ for selling shirts featuring the slogan.

Steve Elster’s attempt to trademark the phrase “Trump Too Small,” which he has been using on t-shirts priced at $25, was initially denied by the U.S. Patent and Trademark Office. He subsequently argued that his First Amendment rights had been infringed upon, appealing the case all the way to the Supreme Court, which ultimately reviewed the matter.

Issuing the ruling on Thursday, June 13, the Supreme Court justices determined that Elster’s First Amendment rights were not infringed, citing a longstanding precedent of rejecting trademarks that include names of living individuals without their consent.

The phrase originated from Trump’s feud with Marco Rubio during the 2016 presidential campaign. Trump had referred to Rubio as “little Marco,” and in response, Rubio remarked, “Have you seen his hands? And you know what they say about men with small hands.”

Trump retaliated during a 2016 debate, addressing viewers with, “Look at those hands. Are they small hands? And he referred to my hands, if they’re small, something else must be small. I guarantee you there’s no problem. I guarantee you.”