Vidal v. Elster

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-704	Fed. Cir.	Nov 1, 2023	Jun 13, 2024	9-0	Thomas	OT 2023

Holding: The Lanham Act"s names clause " which prohibits the registration of a mark that "[c]onsists of or comprises a name ... identifying a particular living individual except by his written consent" " does not violate the First Amendment.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on June 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.

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Date	Proceedings and Orders (key to color coding)
11/17/2022	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.
11/18/2022	Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022.
12/19/2022	Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice.
12/20/2022	Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023.
01/27/2023	Petition for a writ of certiorari filed. (Response due February 27, 2023)
02/15/2023	Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
02/16/2023	Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023.
02/21/2023	Brief amicus curiae of Matthew A. Handal filed.
03/24/2023	Motion to extend the time to file a response from March 29, 2023 to April 11, 2023, submitted to The Clerk.
03/27/2023	Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023.
04/06/2023	Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk.
04/07/2023	Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023.
04/25/2023	Brief of respondent Steve Elster in opposition filed.
05/09/2023	DISTRIBUTED for Conference of 5/25/2023.
05/09/2023	Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
05/30/2023	DISTRIBUTED for Conference of 6/1/2023.
06/05/2023	Petition GRANTED.
06/22/2023	Motion for an extension of time to file the briefs on the merits filed.
07/10/2023	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.
07/12/2023	Motion 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.
07/25/2023	Brief of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed.
08/01/2023	Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
08/01/2023	Brief amicus curiae of Matthew A. Handal in support of neither party filed.
08/01/2023	Brief amicus curiae of The International Trademark Association filed.
08/01/2023	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
08/01/2023	Brief amicus curiae of Public Citizen filed.
08/14/2023	Motion of respondent for a further extension of time filed.
08/15/2023	Motion 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.
08/21/2023	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
09/05/2023	Brief of respondent Steve Elster filed.
09/05/2023	Brief amicus curiae of Samuel F. Ernst filed.
09/06/2023	SET FOR ARGUMENT on Wednesday, November 1, 2023.
09/06/2023	Record requested from the United States Court of Appeals for the Federal Circuit.
09/12/2023	Brief amici curiae of Foundation for Individual Rights and Expression and Manhattan Institute filed.
09/18/2023	CIRCULATED
09/20/2023	Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
10/05/2023	Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
11/01/2023	Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.
06/13/2024	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.
07/15/2024	Judgment Issued.