the essentials A California lawyer, Steve Elster, was refused by the agency responsible for the trademark registry the right to file the formula “Trump too small”, on the grounds that the law required the agreement of living persons to use their name.
In the middle of Donald Trump’s civil trial in New York for having fraudulently inflated the value of his assets, the American Supreme Court questioned Wednesday the right of a citizen to register the trademark “Trump too small”, with vigorously sexual connotations. contested by the person concerned.
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.
Printing on t-shirts and hats
But justice, in the name of freedom of expression guaranteed by the First Amendment to the Constitution, and the right to criticize “public persons”, ruled in favor of the lawyer, who wanted to print it on t-shirts and hats criticizing the action of the Republican president.
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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 property law. intellectual. “Even if 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.
The question is therefore not “whether he can use the name of Donald Trump but whether he can claim an exclusive right over it and thus prevent his competitors from doing the same,” he added. The absence of property rights on the formula written on the t-shirts “does not prevent you from selling them wherever you want and as much as you want”, also told Judge Sonia Sotomayor to Steve Elster’s lawyer .
Where does the slogan come from?
The formula in question is inspired by a famous comment 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 about guys with small hands…”.
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He thus responded to the taunts of the billionaire, familiar with attacks on the size or corpulence of his opponents, who often referred to him as “little Marco”. Stung, Donald Trump assured that he had “no problem” of any size. He also called pornographic actress Stormy Daniels “horse-faced”, with whom he denies having had an extramarital affair in 2006. The latter in return nicknamed him “Little Thing”, in reference to his male anatomy.
2023-11-01 18:14:00
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