The Supreme Court held Thursday that the United States Patent & Trademark Office’s (USPTO) denial of a trademark for the phrase “Trump too small” did not violate the First Amendment.
T-shirt maker Steve Elster brought the lawsuit to challenge the USPTO’s denial of trademark protections for the phrase under the Lanham Act, a law that restricts the registration of trademarks that include the name of a “living individual.” Justice Clarence Thomas wrote in the court’s opinion that the “names clause” of the law “does not facially discriminate against any viewpoint” and has “deep roots” in historical tradition.
