The short version
- The Independent reported that the Supreme Court declined to hear the appeal by Roberto Clemente Jr., Luis Roberto Clemente and Roberto Enrique Clemente against Puerto Rico
- Hoodline reported that the sons claimed the use of their father's likeness generated $15 million for the government and sought $45 million in damages
- Both outlets reported that the commemorative plates and tags were issued in 2022 without the family's consent and the program ended at the close of that year
- Hoodline reported that the 1st U.S. Circuit Court of Appeals vacated dismissal of certain Lanham Act claims against officials in their personal capacities and remanded those claims
Supreme Court Rejects Appeal
The U.S. Supreme Court on Monday declined to consider an appeal brought by the sons of baseball legend Roberto Clemente contesting Puerto Rico's use of his image on commemorative license plates and registration tags. The Independent reported that the justices turned away the petition after lower courts rejected the family's claims that the action violated the Fifth Amendment's prohibition against government seizure of private assets. The plates and tags were released in 2022 and the program "was discontinued at the end of that year," according to the report.
The lawsuit was filed in federal court in San Juan by Roberto Clemente Jr., Luis Roberto Clemente and Roberto Enrique Clemente, along with two family-owned companies. Hoodline reported that U.S. District Judge Gina Mendez-Miro dismissed the case. The 1st U.S. Circuit Court of Appeals in Boston partially upheld that dismissal by rejecting the unconstitutional-taking claim while vacating dismissal of certain Lanham Act claims against individual Puerto Rico officials in their personal capacities and remanding those claims for further proceedings.
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What the sources posted
Posts and statements below are the sources' own words, quoted as published. They are not independently verified.
Although we are disappointed by the court's decision not to hear the important issues presented by our petition, we look forward to litigating the remaining claims in the trial court.
The source's own statement, as quoted by The Independent. Not verified by PuertoRico.com.
Family's Claims and Arguments
The family alleged that Puerto Rico's unauthorized use of Clemente's likeness generated $15 million and sought to halt future use of the image along with $45 million in damages and $3.15 million for trademark infringement. The Independent reported that the sons argued that "lower courts erred in deciding that the fifth amendment does not automatically apply to intangible property" such as trademarks.
In their petition, the family's attorneys wrote that leaving the 1st Circuit's ruling unanswered "would invite government to take trademarks on demand." Hoodline reported the same argument. The proceeds from the plates and tags "were set aside to fund" a sports district named after Clemente, per the report.
Where the sources differ
The Independent and Hoodline agree that the Supreme Court declined the appeal on Monday, that the plates and tags were issued in 2022 without consent and discontinued at year's end, that the family sought $45 million plus $3.15 million and that the takings claim under the Fifth Amendment was rejected by lower courts. Hoodline adds that the 1st Circuit vacated dismissal of certain Lanham Act claims against officials in their personal capacities and remanded them, while The Independent focuses more on the trademark and Fifth Amendment arguments without mentioning the remanded claims. Both report the family's argument about intangible property and Puerto Rico's response that the ruling applied existing precedent to the facts.
What the reports do not say
The reports do not state whether the remanded Lanham Act claims have advanced in district court, the current status of any trial on those claims, the exact amount of revenue generated by the plates and tags, or whether Puerto Rico has resumed any similar commemorative program. They also do not indicate if the family plans to pursue the remanded claims immediately or seek further appeals after those are resolved.
Sources
Every link below was opened and checked when this story was published. Official means a government body, agency or the organization itself; Reporting means a news outlet.
- Reporting Supreme Court won
- Reporting Supreme Court Declines Clemente Sons' License Plate Appeal
How we checked this
The Independent and Hoodline both reported the Supreme Court's refusal to hear the appeal and the core facts of the 2022 program and the Fifth Amendment claim. Hoodline is the sole source for the details on the Lanham Act claims being remanded for further proceedings against officials in their personal capacities.
Compiled by the PuertoRico.com News Desk from the reports and statements listed above, and checked against them before publishing. It does not include original interviews. Spot an error? Email support@puertorico.com with a link to this story.
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