Government officials said the phrase “Trump too small” could still be used, just not trademarked because Trump had not consented to its use.
Justice Sonia Sotomayor said that distinction was important because Elster is free to say and “sell as many shirts as he wants.”Justice Amy Coney Barrett, one of Trump’s three Supreme Court appointees, leaned into the phrase as she wondered how the court would analyze an imaginary law denying a copyright to an author.
“Somebody wants to write a book called ‘Trump too small’ that details Trump’s pettiness over the years and just argues that he’s not a fit public official,” Barrett said.The new case deals with another measure calling for a trademark request to be refused if it involves a name, portrait or signature “identifying a particular living individual” unless the person has given “written consent.”
The phrase at the heart of the case is a reference to an exchange Trump had during the 2016 presidential campaign with Florida senator and GOP presidential rival Marco Rubio.Rubio began the verbal jousting when he told supporters at a rally that Trump was always calling him “little Marco” but that Trump — who says he is 6-feet-3-inches tall — has disproportionately small hands. “Have you seen his hands? ... And you know what they say about men with small hands,” Rubio said.
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