Supreme Court ruling on 'Trump too small' trademark

SOURCE www.npr.org
The Supreme Court ruled against a liberal activist who tried to trademark the phrase 'Trump too small' due to the living-person exception in trademark law. The court upheld the decision that trademarks involving names of living individuals cannot be granted without their written consent.

Key Points

  • Living individuals have limited rights to prevent their names from being branded without their permission
  • Trademark law does not prevent the use of a living person's name, but only bars trademark for products

Pros

  • Upholds the principle that trademarks involving names of living individuals require their written consent
  • Maintains the 'living-individual rule' under the Lanham Act

Cons

  • Limits the ability to trademark politically charged phrases without consent