The Trade Mark Case involving ‘Trump Too Small’

 

In one of my previous blog, I discussed how and why using some well-known names or surnames which are already being traded in the market could cause infringement, despite the applicant itself sharing the same/similar name or surname. I cited some examples viz. Trump, Tata, Ford, Gucci & the list goes on. I further wrote another blog on Jack Daniels vs Bad Spaniels case wherein I tried to draw the line (personal views) between liberty vs infringement.

Now, the recent case involves an Applicant seeking the trademark -> ‘Trump too Small,’ in the name of Free Speech or mark should be considered as whole, which was refused by the USPTO, now to be considered by the US Supreme Court.

But should such trademarks be allowed? Personally speaking, Nope! Because trademarks are for protecting in general from any confusion being created amongst guileless consumers & traders.

Should an explicit permission of TRUMP required? Technically speaking, Yes, because this trademark has become the well-known mark around World, despite of its valuation today, and furthermore, the said organization/individual being the prior registered/user of it; irrespective the name used by the alleged applicant, is of a living person or not!

Can such taglines/slogans be then protected under copyright, under free speech or fair use, if in case to be used as a title to write a book discussing politics & current affairs? Technically & personally speaking, Yes, as long as it can clearly connect all the dots citing factual events in the book, & nothing fiction, and as long as that doesn’t demean the moral character of anyone, beyond facts.

Further, if a person is not being allowed to register a trademark, then technically, a person shouldn’t also be allowed to trade either; and if being allowed only to trade under free speech; then this clause must explicitly mention something alike -> only in case wherein the general public is involved by the actions of the people holding public offices/political positions. No more, No Less! But again, where a line should be drawn between liberty or infringement or fair use or free speech as I discussed in Jack Daniels vs Bad Spaniels case also? Should the applicant be allowed to trade by morally demeaning anyone? The Dilemma!

© Pranav Chaturvedi