‘Trump Too Small’ Fight Splits First Amendment Trademark Views

A dispute over a “Trump Too Small” trademark application hinges on whether a statutory ban offends the First Amendment, as the US Supreme Court recently found two other restrictions did.

Recent friend-of-the-court briefs filed at the US Supreme Court spar over whether a Lanham Act provision barring marks “identifying a living individual” without their consent fundamentally differs from stricken bans on disparaging or vulgar marks. The high court struck down those statutory provisions in 2017 and 2019 cases involving bids to register “The Slants” and “FUCT,” respectively.

Groups, like the International Trademark Association, that support the ban say—unlike in those ...