Under Section 2(c) of the Lanham Act, the United States Patent and Trademark Office (“USPTO”) is prohibited from registering a trademark that includes a living person’s name absent the person’s written consent. Therefore, when Steve Elster attempted to register the mark “Trump Too Small” for t-shirts criticizing the former president, the USPTO denied Elster’s application. However, the United States Court of Appeals reversed the USPTO’s ruling, holding that applying Section 2(c) to bar registration of Elster's mark unconstitutionally restricted free speech in violation of the First Amendment. On June 5, 2023, the Supreme Court announced that they will review the case next term. We will be watching for the Court’s guidance on the relationship between the First Amendment and the use of names of political figures in registered trademarks.