The Bidens have been quite pleasant to Donald Trump since he won the 2024 election — some might even say unreasonably pleasant. Despite all the nasty things Trump said about Joe Biden during the campaign and his ongoing threat to have a special prosecutor “go after” him, Biden still invited Trump to the White House last month. And Trump told the New York Post that he had a lovely interaction with First Lady Jill Biden at the reopening of Notre Dame on Saturday:
“Very nice. She couldn’t have been nicer,” Trump said about their talk.
“It’s politics. You have to get used to it,” he said about their past political spats. “She was very nice and we had a very nice conversation.”
So how did Trump repay Jill Biden’s kindness? By featuring her in an ad for his new Trump-brand fragrances without her consent. He announced his perfume and cologne line with a Truth Social post that showed a photo of Biden smiling at Trump with the tag line “A fragrance your enemies can’t resist.”
It seems this was a one-off post, not an entire trolling-themed marketing campaign, as Jill Biden is not featured anywhere on GetTrumpFragrances.com.
Also missing from the official website: any description of what the men’s cologne actually smells like. The women’s perfume is described as a blend of “delicate floral notes and a burst of citrus for an elegant finish.” But this is all it says about the men’s Fight Fight Fight Cologne:
Introducing FIGHT FIGHT FIGHT — FOR MEN, the bold new fragrance from Trump Fragrances. For Patriots who never back down, like President Trump. This scent is your rallying cry in a bottle. Featuring Trump’s iconic image and raised fist, this limited-edition cologne embodies strength, power, and victory.
Crafted for those who stand tall, this bold scent delivers rich, robust notes that leave a lasting impression. It’s not just a cologne — it’s a symbol of resilience. Inspired by Trump’s relentless drive, wear it with pride and confidence.
FIGHT FIGHT FIGHT COLOGNE: For men who fight to win and never surrender.
As with other recently released Trump products, from Trump Watches to Trump Bibles, the fragrance line, the website claims, is “not political” and not “managed or controlled” by Trump himself. The fine print on the fragrance site explains the Trump name has been licensed to 45 Footwear — the same company that sells his sneakers — by the Trump-owned CIC Ventures LLC:
“Trump” and the associated design are registered trademarks and/or trademarks of CIC Ventures LLC. Trump Fragrances are not designed, manufactured, distributed or sold by Donald J. Trump, The Trump Organization or any of their respective affiliates or principals. 45Footwear, LLC uses the Trump name, image and likeness under a license agreement which may be terminated or revoked according to its terms. GetTrumpFragrances.com is not political and has nothing to do with any political campaign.
The structure of this business is murky, and it’s unclear how much Trump stands to make from sales of the $199-per-bottle mystery fragrance. But it seems safe to say poster girl Jill Biden won’t see a dime.
Theoretically, Jill Biden could sue Trump for using her likeness for commercial purposes without her permission. Legal experts told USA Today that’s unclear how the courts would rule on this unprecedented scenario:
Legal experts say Trump’s use of Biden’s image to promote his products could be illegal.
“Biden would have a strong claim, under current law, that Trump’s use of her actual photo, in advertising, to promote a commercial product” violates legal protections against using an individual’s image for “commercial advantage without consent,” said University of Virginia law professor Dotan Oliar, an intellectual property expert.
However, the U.S. Constitution takes precedence over state law and Trump could use his First Amendment right to free speech as a defense if Biden sued. Rutgers University law professor Reid Kress Weisbord said he believes “there’s a good chance” that defense would be successful.
“Even though Trump used Biden’s name and likeness in a social media post about perfumes, which Trump may be selling for a commercial purpose, the content of that post mixes humor and politics in a way that almost certainly implicates free speech rights,” Weisbord wrote in an e-mail to USA TODAY.
Since the Bidens are trying to be civil to Trump during the transition, it seems unlikely that we’ll see the two First Families engage in a lengthy legal battle over a Truth Social post.
This piece has been updated.
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