'Trump too small' squabble heads to the Supreme Court
Donald Trump (Photo by Brendan Smilakowski for AFP)

A federal trademark case centering on taunts between Donald Trump and Sen. Marco Rubio (R-FL ) is going to be heard by the Supreme Court.

According to a report from Politico , the court has agreed to hear the case brought by a California lawyer who has been attempting to trademark "Trump too small" and print it onto t-shirts.

The phrase originated from Trump's nicknaming Rubio as "little Marco," and Rubio responding by criticizing the size of Trump's hands.

Lawyer Steve Elster is butting up against a federal statute that bans trademarks that contain a person’s name unless that person consents in writing.

The report from Politico's Kierra Frazier states, "Last year, a unanimous panel of the U.S. Court of Appeals for the Federal Circuit said that Elster’s proposed trademark goes to 'the heart of the First Amendment' because it is intended to poke fun at a government official. Barring Elster from registering the trademark was unconstitutional, the court ruled."

The report goes on to note that the Biden administration is asking for the review of Vidal v. Elster, which will be heard either late this year or early next year.