US Supreme Court to decide whether 'Trump too small' phrase can be trademarked

The US Supreme Court on Monday agreed to hear a case regarding the use of the phrase “Trump too small” by a California man as a trademark. The man, named Steve Elster, wants to trademark the phrase, generally used to mock former US president Donald Trump, to put it on T-shirts. However, US Justice Department is of the opinion that the use of the phrase without Trump’s consent will amount to a breach of his privacy rights. 

Elster applied for the trademark back in 2018. However, his application was then rejected by the trademark office. Later, the agency’s in-house tribunal also upheld the decision made by the trademark office. 

However, the US Court of Appeals for the Federal Circuit repealed the ruling last year, paving the way for the trademark to be issued. Now, the Justice Department has taken the matter to the Supreme Court. It must be noted that former President Trump is not personally involved in the case.

What did the Federal Circuit court say on “Trump too small” controversy?

Circuit Judge Timothy Dyk last year wrote in his judgement that Elster’s right to free speech outweighed Trump’s right to privacy. The judge added that the rights that restrict the usage of someone’s name for commercial purposes “cannot shield public figures from criticism." 

"The government's attempt to burden political speech - by granting public figures a monopoly over speech about them in the marketplace - is indefensible," an attorney for Elster was quoted as saying by Reuters.

How did the phrase “Trump too small” originate?

The phrase refers to a well-known incident during the 2016 presidential campaign involving Donald Trump and Marco Rubio, a Republican presidential rival and senator from Florida.

Rubio initiated the exchange by mocking Trump at a rally, claiming that Trump always referred to him as "little Marco" but pointed out that despite Trump's claim of being 6 feet 3 inches tall, he had unusually small hands. Rubio hinted at the stereotype that men with small hands may have other inadequacies.

Trump later responded to Rubio's comments during a televised debate on March 3, 2016. He defended the size of his hands and indirectly addressed the insinuation made by Rubio, stating, "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."