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Michael A. Kahn

Trump’s Penis Is Back in the News! The Wild World of Trademarks

Posted on June 20, 2023 by Michael Kahn

With each new criminal indictment handed down this year, Donald J. Trump continues in his role as the gift that goes on giving to cable news. Indeed, CNN, Fox News, and MSNBC often devote an entire evening’s programming to coverage of one of those indictments–or to new revelations about one of those indictments.

But for we intellectual property lawyers, the Donald has been the gift that has been going on giving for years–and thus the topic of more than one of my blog posts during those years. Which is not to say that we didn’t have plenty of fun IP cases before the Trump Era, including the epic copyright dispute over Pull My Finger Fred, the farting doll. Yes, you pulled his finger, which made him fart and utter some goofy on-liner, such as “Did somebody step on a duck?” The Court of Appeals’ description of the doll is classic.

Ah, but farting dolls pale in comparison to the copyright and trademark disputes surrounding the Donald. And the most recent one, involving a trademark dispute over the size of our ex-President’s penis, is now heading toward the U.S. Supreme Court. Here is a link to my post on that case. Yes, for we IP lawyers the Donald remains the gift that goes on giving year after year.

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Michael A. Kahn

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