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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 law, Section 1052 of Title 15 of the Lanham Act governing trademarks, doesn’t allow registration of a mark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent.
