The Supreme Court appeared poised to rule against an activist's desire to trademark "Trump Too Small," a phrase targeting Donald Trump's anatomy and policies. The case tests the boundaries

of the First Amendment, as the activist, Steve Elster, seeks to register this phrase for t-shirts.

During oral arguments, a majority of justices seemed inclined to support the US Patent and Trademark Office's decision to deny Elster's trademark, indicating that it does not infringe on free speech. They expressed concerns about the potential implications for granting such trademarks and whether it might lead to an influx of similar cases.

The case revolves around whether this refusal violates the Constitution when the mark criticizes a government official or public figure. Elster's attorneys argued that the provision effectively grants public figures the right to decide whether speech about them can be registered as a trademark, making it a "heckler's veto."

Trump did not comment on the case. The Court may use this case to issue a broader ruling about the First Amendment's role in federal trademark law, potentially setting a precedent. Photo by Marielam1, Wikimedia commons.