The U.S. Supreme Court recently heard argument in a third trademark case in which a denied registrant sought to overturn a provision of the Lanham Act on First Amendment grounds.

The mark at issue is “Trump Too Small.” First there was Tam in which the court held “The Slants” must be registered for a musical band even if it allegedly disparaged Asian-Americans. Next was Brunetti where the court required the U.S. Patent and Trademark Office to register “Fuct” for a clothing line, a salacious term if ever there was one. The Lanham Act’s bans on registration of salacious and disparaging marks were held to violate First Amendment rights because they were expressive speech. Continue reading →