The Supreme Court Is Confused Why This Guy Thinks Trademark Denial for 'TRUMP TOO SMALL' is Limiting His Free Speech
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Taylor replied that Elster is "being denied ' important rights and benefits' that are 'generally available to all trademark holders who pay the registration fee, and he is being denied that, 'solely because his mark expresses a message about a public figure,'" per NPR.
And, yes, that does seem to be the long and short of it. Barring the Supreme Court reversing what seems like a cut-and-dry legal precedent here, Elster will likely not get a trademark for "TRUMP TOO SMALL," where he could solely profit from the phrase and charge others for using it.
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Brendan Menapace
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Brendan Menapace is the content director for Promo+Promo Marketing.
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