An examining attorney with the Patent and Trademark Office declined Elster’s application to register the mark, citing a provision of the Lanham Act that bars registration of a mark that consists of the name of a living person without their consent.
An internal appeal board upheld the rejection, noting that the mark includes Trump’s name without his approval. But the Federal Circuit reversed, finding that the part of the Lanham Act relied upon by the Patent and Trademark Office was unconstitutional when it comes to marks that criticize a government official or public figure.
Elster’s t-shirts bearing the phrase “Trump Too Small” are still available online for $24.99, even though his trademark application was refused.
He’s a political figure, I think he’s even made that case for himself when he disparages other people. There is an exception in the law for just this thing, the SCOTUS is changing it again for the orange shitheel.
OTOH, I guess him taking it to the supreme court means everyone can now sell these t-shirts. Maybe that’s a good thing, lol.