The Supreme Court ruled that public figures must consent to have trademarks on their names Thursday, in the case of a man seeking to register a trademark for “Trump too small,” referring to former President Donald Trump.
While the justices fractured on some reasoning, the opinion found a federal law that requires a person’s consent to use their name in a trademark did not violate the First Amendment right to free speech. The ruling overturned a lower court decision that would have invalidated the requirement.
Justice Clarence Thomas, writing for the court, said that there was a long tradition in the country of giving individuals, including public figures, the ability to control how their name was used in commerce.
