Supreme Court to Hear Case on Constitutionality of Denying 'Trump Too Small' Trademark

The Supreme Court will consider whether federal trademark law violates the First Amendment by prohibiting the registration of a mocking phrase aimed at a public figure without their consent.
Steve Elster, a California lawyer, wants to trademark the phrase 'Trump too small' for T-shirts and hats, but his application was denied under a law barring trademarks using a living person's name without consent.
Elster argued the rejection violated his free speech rights, and an appeals court agreed, prompting the Biden administration to appeal to the Supreme Court.
The case puts the right to parody and criticize public figures against laws aimed at preventing the commercial exploitation of someone's name and image without permission.
The Supreme Court has ruled twice recently against the federal trademark office on First Amendment grounds, though not in a case involving an individual's right of publicity.