The recent release of former Trump’s mug shot by a Georgia courthouse has proven to be no exception. The arresting image of Trump, complete with his signature red tie and icy scowl, has been transformed into a range of merchandise, catering to both his supporters and critics alike.

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Taken during Trump’s arrest on more than a dozen felony charges related to his attempts to overturn the 2020 election, the mug shot has become more than a legal record. It’s a symbol of the turbulent times in American politics. Supporters of the former president see it as a badge of honor, rallying around Trump’s claims that these charges are politically motivated. For his critics, the mug shot represents the culmination of Trump’s legal troubles. 

Entrepreneurs and political operatives have seized the opportunity to capitalize on the iconic image. Trump’s Save America fundraising committee is selling NEVER SURRENDER! mug shot T-shirts, beverage holders and coffee mugs, while his son Donald Trump Jr. is marketing FREE TRUMP merchandise. On the opposing side, groups like The Lincoln Project are selling shot glasses with the mugshot and the acronym FAFO (F*** Around Find Out), a rallying cry among Trump critics. Even the crafts website Etsy is home to numerous mocking products inspired by the mug shot.

A T-shirt store called Los Angeles, not affiliated with any campaign, swiftly started selling T-shirts adorned with the mug shot. Shoppers like CJ Butler see it as a reflection of consumerism in America, stating, “Hey, it’s Trump. He sells everything, so why not have a T-shirt?” The mug shot merchandise could also serve as a significant fundraiser for Trump’s political endeavors, with some strategists predicting its appeal to his die-hard supporters.

The legality of reproducing Trump’s mug shot on merchandise is somewhat unclear. While mug shots taken by U.S. federal courts are generally in the public domain, state policies, such as Georgia’s, may differ. Many states have “right of publicity” laws, which prevent the use of a person’s image in commerce without their permission. Federal trademark laws also prohibit false advertising and endorsements. But political parody products might receive some protection under the U.S. Constitution, leaving the question of whether Trump would actually sue as more of a strategic consideration than a legal one.

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