The Supreme Court said Monday it will decide whether former president

Donald

Trump could be mocked as “too small” on a trademark T-shirt. Usually, trademark law does not allow someone’s name to be used on their objection.

But in this case, a federal appeals court said California attorney Steve Elster

said hi

had the right of free speech to mock Trump as “too small” on T-shirts and hats.

Elster argued that the trademark would be used as political commentary aimed at the

now-

former president by invoking an ambiguity from a 2016 Republican debate. Senator Marco Rubio

(R-fla.)

noted that Trump had small hands, “and you know what they say about guys with small hands.”

The Patent and Trademark Office denied Elster’s request for a trademark, but the federal court disagreed, saying the First Amendment protected his right to comment on the former president.

Biden government attorney General Elizabeth Prelogar urged the Supreme Court to hear the government’s appeal and deny the trademark request. “For more than 75 years, Congress has directed the U.S. Patent and Trademark Office to deny registration of trademarks that use a particular living person’s name without his written permission,” she said.

On Monday, the court said it would consider the Vidal vs. Elster in the fall.