Steve Elster, a California employment lawyer and progressive political activist, has been trying to trademark the phrase “Trump too small” to put on t-shirts since 2018. On Monday, the Supreme Court agreed to consider whether or not he’ll be able to do so. The phrase stemmed from a ridiculous exchange between Donald Trump and Marco Rubio in a 2016 primary debate, in which Rubio mocked Trump for having small hands. “And you know what they say about guys with small hands,” Rubio said, prompting Trump to insist “there’s no problem” there. Elster, who wants to keep the joke going, had his initial trademark claim rejected after it was determined he would need Trump’s written consent. In 2022, the U.S. Court of Appeals for the Federal Circuit ruled against the trademark office, but Solicitor General Elizabeth Prelogar then requested the Supreme Court hear the case.
