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IN RE ELSTER

2020-2205.

26 F.4th 1328 (2022)

IN RE: Steve ELSTER, Appellant.

United States Court of Appeals, Federal Circuit.

Decided: February 24, 2022.

Attorney(s) appearing for the Case

Jonathan Taylor , Gupta Wessler PLLC, Washington, DC, argued for appellant. Also represented by Gregory A. Beck.

Joshua Marc Salzman , Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, argued for appellee Andrew Hirshfeld. Also represented by Brian M. Boynton , Daniel Tenny ; Thomas L. Casagrande , Christina J. Hieber , Thomas W. Krause , Farheena Yasmeen Rasheed , Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Matthew Albert Handal, New York, NY, as amicus curiae, pro se.

Before Dyk, Taranto, and Chen, Circuit Judges.

Steve Elster appeals a decision of the Trademark Trial and Appeal Board ("Board"). The Board affirmed an examiner's refusal to register the trademark "TRUMP TOO SMALL" for use on T-shirts. The Board's decision was based on section 2(c) of the Lanham Act, 15 U.S.C. § 1052(c), and the Board's finding that the mark included...

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