The Supreme Court announced Monday it would hear a trademark case over the use of a person’s name without the individual’s permission in a dispute over the phrase “TRUMP TOO SMALL” — a reference to former President Donald Trump.
The case arose when an individual sought to trademark the phrase “TRUMP TOO SMALL” for T-shirts and hats in 2018. The U.S. Patent and Trademark Office denied the request, citing a federal law that doesn’t allow a person’s name to be used without consent.
The individual challenged the government’s denial of the trademark under the First Amendment and the U.S. Circuit Court for the Federal Circuit sided with him, ruling that the law is content-based and unlawfully restricts speech about a government official. “Section 1052 is a condition on a government benefit, not a restriction on speech. And because it is a reasonable, viewpoint-neutral condition, it is consistent with the First Amendment,” the government argued in its court filing.It took four justices to vote in favor of reviewing the dispute, though the names of the justices are not made public.
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