Narrow ‘Trump Too Small’ Edict May Yet Stem Trademark Ban Blitz

The US Supreme Court’s “Trump Too Small” decision might tap the brakes on a stream of First Amendment challenges to trademark restrictions, despite it being explicitly written as a narrow ruling.

The high court unanimously held the Lanham Act’s names clause—which bars registering marks using names of living people without their consent—was constitutional in the June 13 decision. That doomed attorney Steve Elster’s bid to register the reference to a 2016 debate dig about the former president’s hands.

Justice Clarence Thomas’ majority opinion said “the history and tradition” of restricting name-based trademarks validated the provision. It also declined, however, ...