Trump too small

Categories: Intellectual Property

Michael Coyle
November 3, 2023

The USA’s Supreme Court agreed to hear a case over the summer in which a man tried to trade mark a phrase mocking former President Donald Trump as “too small.” The Department of Justice sought clarity via the Court on two fronts and in particular “Trump too small” whilst it still could be used, cannot be trade marked as a) Trump had not consented to its use and b) refusing trade mark registration violated free speech rights.

Steve Elster the applicant has been warned though that it would fail. Chief Justice John Roberts was concerned that every Tom Dick and Harry would be seeking to file Trump X and Trump Y or Trump is a XXX. I predict a loss for Mr Elster

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.