On Wednesday, the Supreme Court will hear arguments over whether the Patent and Trademark Office (PTO) violated the First Amendment when it refused the registration of a political slogan on T-shirts that criticizes former President Donald Trump without his consent.<\/p>\n\n\n\n
California-based attorney Steve Elster\u2019s bid to make \u201cTrump too small\u201d a registered trademark for use on\u00a0shirts he sells<\/a>\u00a0mocking the former president has become the latest in a series of Supreme Court clashes that pit trademark law against the First Amendment.<\/p>\n\n\n\n In 2017, Elster wanted to get the phrase “Trump Too Small” printed on T-shirts but when he sought to trademark the slogan, he was denied by the PTO, and the Trademark and Trial Appeal Board upheld the decision because the phrase identified Trump without his consent.\u00a0<\/p>\n\n\n\n The phrase originated from an exchange on the 2016 debate stage between Trump and Sen. Marco Rubio (R-Fla.) The Florida senator made a crude joke in reference to the size of the former president\u2019s hands.\u00a0<\/p>\n\n\n\n Watch the infamous moment that started it all:<\/p>\n\n\n\n