On Nov. 1, the U.S. Supreme Court conducted oral argument in Vidal v. Elster, which involves the registrability of the mark “Trump Too Small.”

Registration of federal trademarks is governed by the Trademark Act of 1946, commonly referred to as the Lanham Act. Section 1052(c) bars registration of a mark that “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except with his written consent.”

The question presented in this case was whether “the refusal to register a mark under Section 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.”

Although a decision is not expected for several months, the tenor of the justices’ questions and comments makes it clear that the answer most likely is no.

Read the article below.