Supreme Court Says California Man Can’t Brand ‘Trump Too Small’

WASHINGTON (AP) — The Supreme Court ruled Thursday against a man who wants to market the catchphrase “Trump too small.”

The judges upheld the government’s decision to deny a trademark to Steve Elster, a California man seeking exclusive use of the phrase on T-shirts and possibly other products. It is one of several court cases involving former President Donald Trump. Last week, the court set standards for when public officials can be sued for blocking critics from their social media accounts. These cases have also been linked to Trump.

The Justice Department endorsed President Joe Biden’s predecessor and presumptive opponent in the 2024 election. Government officials said the phrase “too little Trump” can still be used, it’s just not trademarked because Trump hasn’t consent given. Indeed, “Trump Too Small” t-shirts can already be purchased online.

Elster’s lawyers argued that the decision violated his right to free speech, and a federal appeals court agreed.

At the hearing, Chief Justice John Roberts said that if Elster won, people would be racing to tag “Trump and this, Trump and that.”

Twice in the past six years, judges have struck down provisions of federal law that rejected trademarks deemed scandalous or immoral in one case and disparaging in another.

Elster’s case dealt with another measure whereby a trademark application would be refused if it involved a name, portrait, or signature “identifying a particular living person,” unless that person gave his ” written consent”.

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, then also running for the Republican presidential nomination.

Rubio started the word game when he told supporters at a rally that Trump always called him “little Marco,” but that Trump — who says he’s 6 feet 3 inches — has disproportionately small hands. “Did you see his hands? … And you know what they say about men with small hands,” Rubio said. “You can’t trust them.”

Trump then brought up the comment at a televised debate on March 3, 2016.

“Look at those hands. Are they small hands? And he referred to my hands – if they are small, something else must be small. I guarantee there is no problem. I guarantee you,” he said.

Mark Sherman, Associated Press