Supreme Court Hosts Hearing Regarding Trump Trademark

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

( – On Wednesday, the Supreme Court is going to be hearing oral arguments which will include discussions about some of former President Donald Trump’s most infamous moments, including his defense of his hand size during the GOP presidential primary debate.

Steve Elster, the California-based attorney, had previously attempted to create a registered trademark of “Trump too small” selling merchandise, including shirts in which he was going to mock the former President. However, his case has now become one of the latest cases in which the Supreme Court has to deal with a clash between the First Amendment and trademark law.

Originally, the application Elster had made for the trademark had been rejected as there is a provision in place that stated that there is a prohibition of registering trademarks that mention other living people without first receiving their consent.

However, a federal appeals court had ruled that the rejection of the trademark had been in violation of the free speech rights of the attorney, as his merchandise would be criticizing a government official.

On Wednesday, the Department of Justice is going to be defending the provision in front of the Supreme Court. Trump is not included as one of the parties in this case.

In the 2016 campaign season, Sen. Marco Rubio (R-Fla.) and Trump had gotten into a tit-for-tat, after Rubio had stated during one of his campaign rallies that Trump had small hands. He then added that people knew what was said about those with small hands.

Trump had responded to the remark days later during the primary debate claiming that he could guarantee this was not an issue.

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