Justices Will Probe Trademarks’ Nature in ‘Trump Too Small’ Case

The propriety of blocking registration of a “Trump Too Small” trademark offers the US Supreme Court a narrow question that parties will argue Wednesday calls for a broad answer.

The US government says a ban on registering trademarks that identify a living individual without their consent poses no free speech threat—nor does regulating trademarks in general. But attorney Steve Elster said the ban violates free speech by functionally favoring praise of public officials over criticism. The Federal Circuit ruled in Elster’s favor on the registration of “Trump Too Small” for t-shirts, but declined to take on the broader question of ...