Iancu v. Brunetti

Docket No.	Argument	Opinion	Vote	Author	Term
18-302	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)
A "view" from the courtroom: From the T-shirt shop to the high seas (Mark Walsh, June 24, 2019)
Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down (Megan Carpenter, 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 todays orders (Amy Howe, January 4, 2019)
Petitions of the week (Aurora Barnes, October 4, 2018)

Date	Proceedings and Orders (key to color coding)
06/29/2018	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.
07/05/2018	Application (18A15) granted by The Chief Justice extending the time to file until August 10, 2018.
07/31/2018	Application (18A15) to extend further the time from August 10, 2018 to September 7, 2018, submitted to The Chief Justice.
08/01/2018	Application (18A15) granted by The Chief Justice extending the time to file until September 7, 2018.
09/07/2018	Petition for a writ of certiorari filed. (Response due October 9, 2018)
09/28/2018	Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
10/02/2018	Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
11/08/2018	Brief of respondent Erik Brunetti filed.
11/28/2018	DISTRIBUTED for Conference of 1/4/2019.
12/11/2018	Reply of petitioners Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
01/04/2019	Petition GRANTED.
02/11/2019	SET FOR ARGUMENT on Monday, April 15, 2019
02/15/2019	Joint appendix filed.
02/15/2019	Brief of petitioner Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed.
02/19/2019	Brief amicus curiae of Kurt M. Anderson filed.
02/19/2019	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)
02/25/2019	Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed.
02/26/2019	Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
03/18/2019	Brief of respondent Erik Brunetti filed.
03/20/2019	CIRCULATED
03/21/2019	Record requested from the U.S.C.A. Federal Circuit.
03/21/2019	Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
03/22/2019	Brief amicus curiae of Simon Tam filed. (Distributed)
03/25/2019	Brief amici curiae of Professors Barton Beebe and Jeanne Fromer filed. (Distributed)
03/25/2019	Brief amicus curiae of The Rutherford Institute filed. (Distributed)
03/25/2019	Brief amici curiae of American Civil Liberties Union and the ACLU of the District of Columbia filed. (Distributed)
03/25/2019	Brief amici curiae of The Cato Institute, et. al. filed. (Distributed)
03/25/2019	Brief amicus curiae of International Trademark Association filed. (Distributed)
03/27/2019	Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
04/02/2019	Reply of petitioner Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
04/15/2019	Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: John R. Sommer, Irvine, Cal.
06/24/2019	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.
07/26/2019	JUDGMENT ISSUED.