Background
The sons of baseball legend Roberto Clemente sued the Commonwealth of Puerto Rico and various officials over the use of Clemente’s name and image on commemorative license plates and registration tags. The proceeds were designated for a sports district project. The district court dismissed all claims, ruling that the items were not goods or services and that immunity defenses barred the suit.
The court’s reasoning
The court analyzed whether the use of Clemente’s name and image on license plates and tags constituted use in connection with goods or services under the Lanham Act. The court rejected the district court’s view that government-issued items cannot be goods or services, noting that federal courts have previously heard Lanham Act cases involving license plates. The court held that the items are mundane examples of goods within the ambit of trademark law. Regarding immunity, the court distinguished between official and personal capacity suits, noting that sovereign immunity does not bar personal-capacity claims. The court found that the district court erred in dismissing claims against individual officials in their personal capacities.
What it means going forward
The decision allows the Clemente family to proceed with Lanham Act claims against individual officials in their personal capacities, while claims against the Commonwealth and the Convention Center District Authority remain dismissed.