An individual from the US, namely Steve Elster, has tried to register a trade mark at the United States Patent & Trade Mark Office for the phrase “Trump too small”. The applied for mark is a reference to what his 2016 presidential rival, Marco Rubio said about Donald Trump during the campaign. Elster wants to the put the phrase on t-shirts, however Trump has denied the trade mark. US law states that trade marks applications identifying individuals via a name, portrait or signature should be refused, unless the person has given written consent. Elster argues that the refusal would violate the First Amendment’s Free Speech clause. The dispute is set to be argued in the US Supreme Court later on in the year. The Biden administration supports Trump’s position, which may come as a surprise. It will be interesting to see if the Court also supports him as the result may set a precedent in US trade mark law.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
in: Case Law, EU/International, Legal News, News, Trade Marks
