This week is Court Week at the Federal Circuit, with hearings starting today. Arguments are being held in person absent granted motions for leave to appear remotely, and the Federal Circuit is also providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene 14 panels to consider about 59 cases. Of these 59 cases, the court will hear oral arguments in 52. Of these argued cases, three attracted amicus briefs: an Equal Access to Justice Act case, a trademark case, and a tax case. Here’s what you need to know about these three cases.
Argument Preview – In re Elster
This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a trademark case, In re Elster. In this case, Elster asks the Federal Circuit to hold that the Lanham Act’s prohibition on any trademark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent” violates the Constitution’s First Amendment. This is our argument preview.