No. 22-704

Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Steve Elster

Lower Court: Federal Circuit
Docketed: 2023-01-27
Status: Judgment Issued
Type: Paid
Amici (8)Relisted (2) Experienced Counsel
Tags: first-amendment free-speech government-official public-figure registration section-1052c trademark trademark-registration
Key Terms:
FirstAmendment Trademark Patent Privacy JusticiabilityDoctri
Latest Conference: 2023-06-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure

Question Presented (OCR Extract)

QUESTION PRESENTED Section 1052(c) of Title 15 provides in pertinent part that a trademark shall be refused registration if it “(cJonsists of or comprises aname * ** identifying a particular living individual except by his written consent.” 15 U.S.C. 1052(c). The question presented is as follows: Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure. (I)

Docket Entries

2024-07-15
Judgment Issued.
2024-06-13
Judgment REVERSED. Thomas, J., announced the judgment of the Court and delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-704_4246.pdf'>opinion</a> of the Court, except as to Part III. Alito and Gorsuch, JJ., joined that opinion in full; Roberts, C. J., and Kavanaugh, J., joined all but Part III; and Barrett, J., joined Parts I, II–A, and II–B. Kavanaugh, J., filed an opinion concurring in part, in which Roberts, C. J., joined. Barrett, J., filed an opinion concurring in part, in which Kagan, J., joined, in which Sotomayor, J., joined as to Parts I, II, and III–B, and in which Jackson, J., joined as to Parts I and II. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined.
2023-11-01
Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.
2023-10-05
Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
2023-09-20
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
2023-09-18
CIRCULATED
2023-09-12
Brief amici curiae of Foundation for Individual Rights and Expression and Manhattan Institute filed.
2023-09-06
Record requested from the United States Court of Appeals for the Federal Circuit.
2023-09-06
SET FOR ARGUMENT on Wednesday, November 1, 2023.
2023-09-05
2023-09-05
2023-08-21
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2023-08-15
Motion of respondent for a further extension of time to file respondent's brief on the merits is granted and the time is extended to and including September 5, 2023.
2023-08-14
Motion of respondent for a further extension of time filed.
2023-08-01
2023-08-01
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
2023-08-01
Brief amicus curiae of The International Trademark Association filed.
2023-08-01
Brief amicus curiae of Matthew A. Handal in support of neither party filed.
2023-08-01
Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
2023-07-25
Brief of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed.
2023-07-12
Motion to dispense with printing the joint appendix filed by petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office.
2023-07-10
Motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2023. The time to file respondent's brief on the merits is extended to and including August 29, 2023.
2023-06-22
Motion for an extension of time to file the briefs on the merits filed.
2023-06-05
Petition GRANTED.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-04-25
2023-04-07
Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023.
2023-04-06
Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk.
2023-03-27
Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023.
2023-03-24
Motion to extend the time to file a response from March 29, 2023 to April 11, 2023, submitted to The Clerk.
2023-02-21
2023-02-16
Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023.
2023-02-15
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-27
Petition for a writ of certiorari filed. (Response due February 27, 2023)
2022-12-20
Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023.
2022-12-19
Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice.
2022-11-18
Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022.
2022-11-17
Application (22A442) to extend the time to file a petition for a writ of certiorari from November 29, 2022 to December 29, 2022, submitted to The Chief Justice.

Attorneys

American Intellectual Property Law Association
James D. Crowne[Self employed], Amicus
James D. Crowne[Self employed], Amicus
Foundation for Individual Rights and Expression
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office
Elizabeth B. Prelogar — Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner
Matthew A. Handal
Brian Alan RossRoss Legal Corporation, Amicus
Brian Alan RossRoss Legal Corporation, Amicus
Motion Picture Association, Inc.
Susan J. KohlmannJenner & Block LLP, Amicus
Susan J. KohlmannJenner & Block LLP, Amicus
Public Citizen
Paul Alan LevyPublic Citizen Litigation Group, Amicus
Paul Alan LevyPublic Citizen Litigation Group, Amicus
Samuel F. Ernst
Samuel Frederick ErnstGolden Gate University School of Law, Amicus
Samuel Frederick ErnstGolden Gate University School of Law, Amicus
Steve Elster
Jonathan Ellis TaylorGupta Wessler PLLC, Respondent
Jonathan Ellis TaylorGupta Wessler PLLC, Respondent
The International Trademark Association
Jonathan E. MoskinFoley & Lardner LL P, Amicus
Jonathan E. MoskinFoley & Lardner LL P, Amicus