The phrase “TRUMP TOO SMALL” stems from a memorable moment in the 2016 Republican presidential debates, during which Sen. Marco Rubio, R-Fla., made a crude joke about the size of Trump’s hands.
“And you know what they say about guys with small hands,” Rubio quipped.
This is the best summary I could come up with:
“This history and tradition is sufficient to conclude that the names clause — a content-based, but viewpoint-neutral, trademark restriction — is compatible with the First Amendment.”
The court, however, rejected that argument, noting that living individuals have some limited rights, even in the political arena, to prevent their names from being branded without their permission.
The slogan appears on the front of several T-shirts that Elster sells online for $39.99, with “Trump’s package is too small” also printed on the back.
His application was rejected by the Patent and Trademark office, which concluded that Trump’s written consent would be needed, as required under a 1946 law called the Lanham Act.
The decision maintains the longstanding “living-individual rule” under the Lanham Act, which has governed trademark registration for decades.
Take, for example, the vast array of merchandise marketed on line featuring the image and sayings of Justice Ruth Bader Ginsburg when she was alive.
The original article contains 508 words, the summary contains 153 words. Saved 70%. I’m a bot and I’m open source!
Oh simple then. We’re not talking about Donald Trump, we’re talking about Fred Trump Senior. He’s not living, ergo there’s no problem, right?
And I imagine that, by now, Fred Trump is much smaller than he used to be.