2023-11-01 17:32:39
The case dates back to 2018, when a California lawyer, Steve Elster, was denied the right to file this form by the trademark registry agency, on the grounds that the law required the consent of living persons to use their name.
But justice, in the name of freedom of expression and the right to criticize “public figures”, ruled in favor of the lawyer, who wanted to include it on t-shirts and hats criticizing the president’s action. republican.
The formula was inspired by a famous outburst during the debates between candidates in the 2016 Republican primary. One of them, Senator Marco Rubio, noting that Donald Trump had small hands, blurted out: “And you know what they say regarding guys with small hands…”.
The federal administration then asked the Supreme Court to intervene, arguing that the refusal to register the formula in the trademark register did not prohibit its use but only deprived it of the protections linked to intellectual property law. .
“Even if Mr. Elster cannot register the trademark ‘Trump too small’, he can sell T-shirts with this slogan,” government representative Malcolm Stewart argued before the nine judges of the Supreme Court.
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