The United States Supreme Court this week will hear a case involving a trademark dispute for a t-shirt maker known for mocking the size of former President Donald Trump's genitals.
Politico reports that SCOTUS will hear an appeal from Steve Elster, a California-based labor attorney who is trying to gain exclusive rights to the phrase "Trump Too Small" after being denied by the Patent and Trademark Office.
According to the report, Elster was inspired to make the shirts after Sen. Marco Rubio (R-FL) implied that Trump had a small penis during the 2016 Republican presidential primary.
POLL: Should Trump be allowed to run for office?
"Solicitor General Elizabeth Prelogar’s petition asking the justices to take up the case dances around the double entendre at the core of the dispute, dryly attributing the phrase to 'a memorable exchange between President Trump and Senator Marco Rubio from a 2016 presidential primary debate' and noting that Elster said he wanted to express the idea 'that some features of President Trump and his policies are diminutive,'" writes Politico.
Although federal law has traditionally barred issuing trademarks of someone's name without their consent, the U.S. Court of Appeals for the Federal Circuit ruled last year that this restriction should not apply to public figures, as doing so would unnecessarily harm Americans' rights under the First Amendment of the Constitution.
