News

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article reporting on Judge Newman’s continued efforts “to regain her full judicial duties, even after the 97-year-old jurist’s federal lawsuit against her colleagues was dismissed”; and
  • an article discussing how the Supreme Court’s opinion in Vidal v. Elster “carries significant implications for both trademark law and the First Amendment.”

Michael Shapiro and Jorja Siemons wrote an article for Bloomberg Law reporting on Judge Newman’s continued efforts “to regain her full judicial duties, even after the 97-year-old jurist’s federal lawsuit against her colleagues was dismissed.” The article begins by explaining how Judge Newman was “benched in September 2023 in a unanimous vote of her colleagues . . . following a series of reports from court staff that led them to question her memory and temperament.” The article goes on to report that Judge Newman’s lawsuit seeking reinstatement was dismissed on Tuesday, but her lawyer stated that they “expect to appeal to the DC Circuit in short order.”

Danielle Peraza wrote an article for the Disruptive Competition Project discussing the how the Supreme Court’s opinion in Vidal v. Elster “carries significant implications for both trademark law and the First Amendment.” The article focuses on how the Court’s decision “clarified that barring trademarks with a living person’s name without consent does not infringe upon free speech rights.” Peraza argues this recent decision indicates that, “while trademark protections require making content-based distinctions, trademark rights sometimes yield to uphold free expression principles.”