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Feb 3, 2023

The extent that the First Amendment covers is being discussed once again. Over at the US Patent and Trademark Office a man tried to trademark the phrase “Trump Too Small” after having it printed on t-shirts. The man was denied his trademark due to the PTO’s policy of not registering a trademark without consent from the person whose name is being used. The man claimed he shouldn’t need it as it falls under political speech and is being used in commerce. Since Donald Trump is very unlikely to allow this man to use his name in the trademark, we have to wonder if the PTO’s policy regarding consent is wrong in itself. Jack Russo asks the CLG Educational Team if the PTO’s refusal to register the phrase “Trump Too Small” is unconstitutional.