No. 25-1426October Term 2025Petition PendingUpdated Sep 2, 2026
Clemente Properties v. Pedro R. Pierluisi-Urrutia
Case status
Where it stands
Awaiting an order on the petition
- Next
- No decision timeline until the Court agrees to hear the case.
What it's about
Clemente Properties and related petitioners challenge Puerto Rico’s alleged use of the Roberto Clemente trademark, arguing that it amounted to a taking of their property and violated trademark rights. The case asks whether constitutional takings rules apply when the property is intangible and whether Puerto Rico can be sued in federal court under the Lanham Act.
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.
What happens next
The Court will decide whether to grant certiorari (agree to hear the case). Watch for an order on review or a future argument date.
Why it matters
The case could affect trademark owners seeking payment when a government uses their intellectual-property rights. It also could affect Puerto Rico agencies accused of using marks that families, estates, or businesses say they own.
The dispute tests whether constitutional protections for property apply equally to intangible assets, such as trademarks, and whether Puerto Rico can be sued under federal trademark law.
Case file
- Docket
- 25-1426
- Status
- Petition Pending
- From
- United States Court of Appeals for the First Circuit
- Documents
- 2
Documents
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AI analysis generated: Case Briefing
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
More questions
- What is at stake in Clemente Properties v. Pierluisi-Urrutia?
- The case concerns trademark rights tied to Roberto Clemente and whether Puerto Rico can be sued over their alleged use. It also concerns constitutional protection for intangible property.
- Who could be affected by the Clemente trademark dispute?
- Trademark owners, estates, and businesses could be affected when governments use disputed intellectual-property rights. Puerto Rico agencies could also face different exposure to federal trademark lawsuits.
- What happens next in Clemente Properties v. Pierluisi-Urrutia?
- The Supreme Court will consider whether to take up the petition. No oral argument has been scheduled, and no decision timetable has been set.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.