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Vidal v. Elster

 
DOCKET NO.
22-704
OP. BELOW
Fed. Cir.
SUBJECT
Trademark

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.”

Posts About this Case

Date
Proceedings and Orders
November 17, 2022
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.
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.
January 27, 2023
Petition for a writ of certiorari filed. (Response due February 27, 2023)
February 15, 2023
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
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.
February 21, 2023
Amicus brief of Matthew A. Handal submitted.
March 24, 2023
Motion of Steve Elster for an extension of time submitted.
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 6, 2023
Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk.
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.
April 25, 2023
Brief of Steve Elster in opposition submitted.
May 9, 2023
DISTRIBUTED for Conference of 5/25/2023.
May 9, 2023
Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
May 30, 2023
DISTRIBUTED for Conference of 6/1/2023.
June 5, 2023
Petition GRANTED.
June 22, 2023
Motion of Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office for an extension of time submitted.
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.
July 12, 2023
Motion of Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office to dispense with joint appendix submitted.
July 25, 2023
Brief of Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office submitted.
August 1, 2023
Amicus brief of Motion Picture Association, Inc. submitted.
August 1, 2023
Amicus brief of American Intellectual Property Law Association submitted.
August 1, 2023
Amicus brief of Matthew A. Handal submitted.
August 1, 2023
Amicus brief of Public Citizen submitted.
August 1, 2023
Amicus brief of The International Trademark Association submitted.
August 14, 2023
Motion of Steve Elster for an extension of time submitted.
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 5, 2023
Amicus brief of Samuel F. Ernst submitted.
September 5, 2023
Brief of Steve Elster submitted.
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 12, 2023
Amicus brief of Foundation for Individual Rights and Expression submitted.
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.
October 5, 2023
Reply of Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office submitted.
November 1, 2023
Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.