|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-175||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2014|
Issue: (1) Whether the United States Patent and Trademark Office may refuse a trademark registration for a mark because the Office understands the mark to be disparaging in violation of § 2(a) of the Trademark Act based upon the Office’s interpretation of the viewpoint of the trademark applicant’s political speech related tangentially to the subject of the mark; and (2) whether the court of appeals erred by utilizing a standard of review for the “ultimate registrability” of petitioners’ mark that (a) conflicts with the standard utilized by the majority of circuits that have addressed this issue, and (b) is both illogical in theory and muddled in practice.
|Date||Proceedings and Orders |
|Aug 11 2014||Petition for a writ of certiorari filed. (Response due September 15, 2014)|
|Sep 10 2014||Order extending time to file response to petition to and including October 15, 2014.|
|Oct 9 2014||Order further extending time to file response to petition to and including November 10, 2014.|
|Nov 10 2014||Brief of respondent Patent and Trademark Office in opposition filed.|
|Nov 25 2014||DISTRIBUTED for Conference of December 12, 2014.|
|Dec 10 2014||Rescheduled.|
|Dec 29 2014||DISTRIBUTED for Conference of January 9, 2015.|
|Jan 12 2015||Petition DENIED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).