Now You Too Can Own A Trump Trademark

A federal appeals court has said that an individual named Steve Elster has the right to register “Trump Too Small” for T-shirts.

The U.S. Patent and Trademark Office had refused registration to Mr. Elster’s mark based on two different parts of the trademark law. One prevented so-called false association with another party, and the other prevented registering a mark that includes a living individual’s name without that person’s written consent. It will not come as a shock that President Trump never gave Mr. Elster his personal consent to file this trademark application.

Despite misconceptions that have boiled up since this case was decided, it clearly does not mean the

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