Iancu v. Brunetti
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-302 | Fed. Cir. | Apr 15, 2019 | Jun 24, 2019 | 6-3 | Kagan | OT 2018 |
Holding: The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on June 24, 2019. Justice Alito filed a concurring opinion. Chief Justice Roberts and Justice Breyer filed opinions concurring in part and dissenting in part. Justice Sotomayor filed an opinion concurring in part and dissenting in part, in which Justice Breyer joined.
SCOTUSblog Coverage
- From 12 to 8: Final countdown at the Supreme Court (SCOTUStalk, June 25, 2019)
- Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down (Megan Carpenter, June 24, 2019)
- A "view" from the courtroom: From the T-shirt shop to the high seas (Mark Walsh, June 24, 2019)
- A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti (SCOTUStalk, April 22, 2019)
- Argument analysis: Justices grapple with immoral and scandalous trademarks (Megan Carpenter, April 16, 2019)
- A “view” from the courtroom: Dangling past participles (Mark Walsh, April 15, 2019)
- Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks (Megan Carpenter, April 8, 2019)
- More on today’s orders (Amy Howe, January 4, 2019)
- Petitions of the week (Aurora Barnes, October 4, 2018)
| Date | Proceedings and Orders |
|---|---|
| Jun 29 2018 | Application (18A15) to extend the time to file a petition for a writ of certiorari from July 11, 2018 to August 10, 2018, submitted to The Chief Justice. |
| Jul 05 2018 | Application (18A15) granted by The Chief Justice extending the time to file until August 10, 2018. |
| Jul 31 2018 | Application (18A15) to extend further the time from August 10, 2018 to September 7, 2018, submitted to The Chief Justice. |
| Aug 01 2018 | Application (18A15) granted by The Chief Justice extending the time to file until September 7, 2018. |
| Sep 07 2018 | Petition for a writ of certiorari filed. (Response due October 9, 2018) |
| Sep 28 2018 | Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk. |
| Oct 02 2018 | Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018. |
| Nov 08 2018 | Brief of respondent Erik Brunetti filed. |
| Nov 28 2018 | DISTRIBUTED for Conference of 1/4/2019. |
| Dec 11 2018 | Reply of petitioners Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed) |
| Jan 04 2019 | Petition GRANTED. |
| Feb 11 2019 | SET FOR ARGUMENT on Monday, April 15, 2019 |
| Feb 15 2019 | Joint appendix filed. |
| Feb 15 2019 | Brief of petitioner Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. |
| Feb 19 2019 | Brief amicus curiae of Kurt M. Anderson filed. |
| Feb 19 2019 | Consents for amicus brief of Kurt M. Anderson not accepted for filing. (March 04, 2019 -- Document not of the type that is to be filed electronically) |
| Feb 25 2019 | Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed. |
| Feb 26 2019 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| Mar 18 2019 | Brief of respondent Erik Brunetti filed. |
| Mar 20 2019 | CIRCULATED |
| Mar 21 2019 | Record requested from the U.S.C.A. Federal Circuit. |
| Mar 21 2019 | Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) |
| Mar 22 2019 | Brief amicus curiae of Simon Tam filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of Professors Barton Beebe and Jeanne Fromer filed. (Distributed) |
| Mar 25 2019 | Brief amicus curiae of The Rutherford Institute filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of American Civil Liberties Union and the ACLU of the District of Columbia filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of The Cato Institute, et. al. filed. (Distributed) |
| Mar 25 2019 | Brief amicus curiae of International Trademark Association filed. (Distributed) |
| Mar 27 2019 | Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer. |
| Apr 02 2019 | Reply of petitioner Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed) |
| Apr 15 2019 | Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: John R. Sommer, Irvine, Cal. |
| Jun 24 2019 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Alito, Gorsuch and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion. Roberts, C. J., and Breyer, J., filed opinions concurring in part and dissenting in part. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Breyer, J., joined. |
| Jul 26 2019 | JUDGMENT ISSUED. |
