Vidal v. Elster
Holding
The <a href ="https://www.govinfo.gov/content/pkg/USCODE-2022-title15/pdf/USCODE-2022-title15-chap22.pdf" target="_blank">Lanham Act's names clause "which prohibits the registration of a mark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent," does not violate the First Amendment.
Judgment
Reversed, 9-0, in an opinion by Clarence Thomas on Jun 13, 2024. Thomas announced the judgment of the court and delivered the opinion of the court, except as to Part III. Justices Alito and Gorsuch joined that opinion in full; Chief Justice Roberts and Justice Kavanaugh joined all but Part III; and Justice Barrett joined Parts I, II-A, and II-B. Kavanaugh filed an opinion concurring in part, in which Roberts joined. Barrett filed an opinion concurring in part, in which Justice Kagan joined, in which Justice Sotomayor joined as to Part I, II, and III-B, and in which Justice Jackson joined as to Parts I and II. Sotomayor filed an opinion concurring in the judgment, in which Kagan and Jackson joined.
Nov 17, 2022Application (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.
Nov 18, 2022Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022.
Dec 19, 2022Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice.Dec 20, 2022Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023.
Jan 27, 2023Petition for a writ of certiorari filed. (Response due February 27, 2023)Feb 15, 2023Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.Feb 16, 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023.
Feb 21, 2023Brief amicus curiae of Matthew A. Handal filed.Mar 24, 2023Motion to extend the time to file a response from March 29, 2023 to April 11, 2023, submitted to The Clerk.Mar 27, 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023.
Apr 6, 2023Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk.Apr 7, 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023.
Apr 25, 2023Brief of respondent Steve Elster in opposition filed.May 9, 2023DISTRIBUTED for Conference of 5/25/2023.
May 9, 2023Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)May 30, 2023DISTRIBUTED for Conference of 6/1/2023.
Jun 5, 2023Petition GRANTED.
Jun 22, 2023Motion for an extension of time to file the briefs on the merits filed.Jul 10, 2023Motion 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.
Jul 12, 2023Motion 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.Jul 25, 2023Brief of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed.Aug 1, 2023Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.Aug 1, 2023Brief amicus curiae of Matthew A. Handal in support of neither party filed.Aug 1, 2023Brief amicus curiae of The International Trademark Association filed.Aug 1, 2023Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.Aug 1, 2023Brief amicus curiae of Public Citizen filed.Aug 14, 2023Motion of respondent for a further extension of time filed.Aug 15, 2023Motion 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.
Aug 21, 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 5, 2023Brief of respondent Steve Elster filed.Sep 5, 2023Brief amicus curiae of Samuel F. Ernst filed.Sep 6, 2023SET FOR ARGUMENT on Wednesday, November 1, 2023.
Sep 6, 2023Record requested from the United States Court of Appeals for the Federal Circuit.
Sep 12, 2023Brief amici curiae of Foundation for Individual Rights and Expression and Manhattan Institute filed.Sep 18, 2023CIRCULATED
Sep 20, 2023Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
Oct 5, 2023Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)Nov 1, 2023Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.
Jun 13, 2024Judgment REVERSED. Thomas, J., announced the judgment of the Court and delivered the opinion 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.
Jul 15, 2024Judgment Issued.Recommended Citation: Vidal v. Elster, SCOTUSblog, https://www.scotusblog.com/cases/vidal-v-elster/