No. 25-1426October Term 2025Before Arguments
Clemente Properties, Inc. v. Pedro R. Pierluisi-Urrutia
from the United States Court of Appeals for the First Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the First Circuit.
Question presented
1. Whether the Fifth Amendment exempts intangible property from the per se rules that govern takings of tangible property. 2. Whether Puerto Rico enjoys any form of immunity from suit in federal court and, if so, whether the Lanham Act abrogates that immunity.
- Case path
United States Court of Appeals for the First Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
The petitioners say Puerto Rico used Roberto Clemente's trademark rights to generate about $15 million and should face a Fifth Amendment claim that the government took property without paying for it. They also ask whether Puerto Rico is protected from being sued in federal court and, if so, whether the federal trademark law, the Lanham Act, overrides that protection.
Argument
The case is still at the petition stage and has not been set for argument. Petitioners argue that trademarks should not get less Fifth Amendment protection than physical property and that Puerto Rico should not be immune from Lanham Act suits.
Impact
If the Court takes the case, it could shape whether trademarks and other nonphysical property get the same strong Fifth Amendment protection as physical property. It also could affect whether a business or an estate can sue Puerto Rico in federal court when officials allegedly use a protected name or logo.
What is Clemente Properties v. Pierluisi-Urrutia about?
The petition says Puerto Rico took Roberto Clemente trademark rights and should face a claim that it took property without paying. It also asks whether Puerto Rico can avoid a federal trademark suit.
Who could be affected by Clemente Properties?
Trademark owners, estates, and businesses could be affected when governments use valuable names, logos, or other nonphysical property. The case also matters for people trying to sue Puerto Rico in federal court.
What happens next in Clemente Properties?
The justices must first decide whether to hear the case. No argument date or decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 29, 2026
- Method
- Methodology