A California man searching for to lock up the rights to a Donald Trump dig simply took a authorized L within the highest courtroom within the land … however he can nonetheless promote his shirts with the suggestive phrase.
The Supreme Courtroom simply unanimously rejected Steve Elster‘s bid to trademark the phrase “Trump Too Small” … which he is been utilizing on t-shirts going for $25 a pop.
Elster, a lawyer in California, tried to trademark the phrase however was rejected by the U.S. Patent and Trademark Workplace … after which he claimed his First Modification rights had been violated, interesting the case all the way in which to SCOTUS … which in the end heard the case.
On Thursday, the ruling got here down from the Justices … with Clarence Thomas saying Elster did NOT have his First Modification rights violated due to a documented historical past of emblems being rejected once they embody names of residing individuals with out consent.
The phrase derives from Trump’s beef with Marco Rubio in the course of the 2016 presidential marketing campaign … when Trump labeled Rubio “little Marco” and Rubio responded by saying, “Have you seen his hands? And you know what they say about men with small hands.”
Trump punched again in a 2016 debate, telling viewers … “Look at those hands. Are they small hands? And he referred to my hands — if they’re small, something else must be small. I guarantee you there’s no problem. I guarantee you.”
Whereas Elster is not getting his trademark, he can proceed hawking his “Trump Too Small” shirts on-line … so it isn’t a complete loss. He simply cannot stake a authorized declare to the precise phrases. 🤷🏽♂️