Those Russian Trademarks
One of the questions underlying the ongoing investigation into the Trump campaign’s interactions with Russian officials is whether the president himself is in debt to the country’s government or state-run banks. Though Trump has insisted recently that he does not do business in Russia, that assertion conflicts with 20 years of his (and his sons’) statements to the contrary.
This weekend, The New York Times reported on details that underline his past dealings in the country: On the night of the 2016 presidential election, the Russian government granted extensions to six expiring trademarks that Trump had received between 1996 and 2007. The trademarks cover branding for a variety of products, including one for Trump Vodka, which debuted in 2007 and folded shortly thereafter, and one for the name “Trump Tower,” for a real-estate deal that the president began exploring in 1996 but that ultimately fell through.
By all appearances, the renewals in November were fairly routine and don’t indicate that the Trump Organization has any actual plans for pursuing business opportunities in Russia in the near future. As was the case with the trademarks the company received in China in February, it’s likely that registering the Trump name is more defensive than anything else, a means of securing the name to ward off potential knockoffs or patent trolls, who in some cases register well-known brand names so that, should a corporation try to expand overseas, they will have to pay to wrest the trademark back.
Even if the renewals were a mere formality, they point to the ongoing complications the president’s decision to retain his business while in office creates. Trademarks certainly aren’t direct financial compensation, but they have distinct monetary value as a means of protecting a company’s business interests, especially for a corporation like the Trump Organization, which relies so heavily on its brand appeal that the Trump name is arguably among the family’s most valuable assets. That leaves open the possibility that the president may be inclined to think more highly of a country because it has recently helped his company by approving a trademark request—which in turn opens the possibility that a foreign government seeking to influence the president might seek to curry favor with him by expediting the process or granting trademarks they wouldn’t for a less important person.
Other trademarks that Trump has received in foreign countries since taking office are not only ethically questionable but arguably violate the Cons ution. Though part of the ethics arrangement the president and his lawyer laid out before the inauguration was that the Trump Organization would cease pursuing new deals in foreign countries during Trump’s presidency, the company has continued to register trademarks around the world. China granted him not only the trademark on his name in February but also 38 others in March, on everything from hotels to insurance to escort services, followed by six more last week; his eldest daughter Ivanka, who serves as an adviser within the administration, has also received trademarks there since her father took office. Mexico, too, approved Trump trademarks in March. These developments, which all came about after Trump took office, arguably violate the Cons ution’s foreign emoluments clause, which bars federal officials from “accept[ing] of any present, Emolument, Office, or le, of any kind whatever, from any King, Prince, or foreign State.”
Moreover, as has frequently been the case with the Trump Organization’s dealings in recent months, the timing of the renewals The New York Times reported on raises additional questions about whether Russia may have been trying to influence the president. Since November 8, the Trump Organization has seen unexpected progress on projects in multiple countries, including not only China but also Argentina and Georgia, where long-stalled developments both began moving forward in November. Though it remains unclear whether any of these actions were specifically meant to influence Trump, the ulative effect suggests that international offshoots of the Trump brand are benefiting from the Trump presidency.