Vidal v. Elster

 
DOCKET NO.
OP. BELOW
SUBJECT
Trademark
AUTHOR
Thomas

Question(s) Presented

“Section 1052(c) of Title 15 provides in pertinent part that a trademark shall be refused registration if it ‘[c]onsists of or comprises a name . . . 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.”

Holding

“We hold only that history and tradition establish that the particular restriction before us, the names clause in §1052(c), does not violate the First Amendment.”

Date
Proceedings and Orders
November 18, 2022
Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022.
December 19, 2022
Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice.
December 20, 2022
Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023.
February 16, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023.
March 27, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023.
April 7, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023.
May 9, 2023
DISTRIBUTED for Conference of 5/25/2023.
May 30, 2023
DISTRIBUTED for Conference of 6/1/2023.
June 5, 2023
Petition GRANTED.
July 10, 2023
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.
August 21, 2023
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
August 21, 2023
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
September 6, 2023
SET FOR ARGUMENT on Wednesday, November 1, 2023.
September 6, 2023
Record requested from the United States Court of Appeals for the Federal Circuit.
September 18, 2023
CIRCULATED
September 20, 2023
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
June 13, 2024
Judgment 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.
July 15, 2024