The decision was a loss for part-time Democratic activist Steve Elster, who contended that the living-person exception to the trademark law violated his right of free speech.
In yet another Trump case, the U.S. Supreme Court on Thursday ruled that the U.S. Patent and Trademark office correctly refused to grant a trademark for the phrase “TRUMP TOO SMALL.” In a unanimous vote, the court said that under federal law trademarks may not be granted involving the names of living individuals, without their written consent.
“Our courts have long recognized that trademarks containing names may be restricted. And these name restrictions served established principles », Justice Clarence Thomas wrote in the court’s opinion. « This history and tradition is sufficient to conclude that the names clause — a content-based, but viewpoint-neutral, trademark restriction — is compatible with the First Amendment. »
The decision was a loss for part-time Democratic activist Steve Elster, who contended that the living-person exception to the trademark law violated his right of free speech by treating speech about Trump differently from other speech that can be trademarked.
