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Roberto Clemente's sons lose Supreme Court appeal in $45m image rights case

By · Via Times of India · Published by Everything Blog

In short

Roberto Clemente Jr., Luis Roberto Clemente, and Roberto Enrique Clemente sued the territory alongside two family businesses, alleging unlawful government taking of private property under the Fifth Amendment. The lawsuit sought $45 million in damages along with an additional $3.15 million for trademark infringement regarding the unauthorized use of Clemente's portrait and his iconic jersey number 21. A federal district court in San Juan initially dismissed the case, a decision later largely affirmed by the 1st U.S. Circuit Court of Appeals. The Supreme Court provided no explanation for declining to review the appeals court ruling.

Key points

  • The Supreme Court's decision to bypass the appeal leaves the lower appellate ruling regar…: The Supreme Court's decision to bypass the appeal leaves the lower appellate ruling regarding the constitutional takings claim intact.
  • Unauthorized commercial use of Roberto Clemente's jersey number 21 and portrait remains a…: Unauthorized commercial use of Roberto Clemente's jersey number 21 and portrait remains at the core of the ongoing dispute.
  • Attorneys representing the Clemente family plan to continue litigating the remaining clai…: Attorneys representing the Clemente family plan to continue litigating the remaining claims that are still pending before lower courts.

Sources checked by our analysis pipeline: 1

A sporting legend's legacy can live far beyond the stadium, but deciding who controls that legacy can become a complicated legal battle. More than half a century after Roberto Clemente's death, his name and image have become the subject of a dispute between his family and his native Puerto Rico. In 2022, the US territory issued souvenir license plates featuring the baseball star without his sons' consent, causing a dispute. Now, the US

Supreme Court's refusal to hear their appeal has left the family's fight over trademark rights and compensation unresolved.

Supreme Court declines to intervene

According to Reuters and ESPN, the Supreme Court declined on November 9 to consider an appeal filed by Clemente's three sons against Puerto Rico's use of their father's likeness on commemorative licence plates and vehicle registration tags.

Roberto Clemente Jr, Luis Roberto Clemente and Roberto Enrique Clemente had challenged the programme, arguing that the government had appropriated trademark rights belonging to the family. Their lawsuit, filed alongside two companies they own that work to protect Clemente's brand and philanthropic legacy, sought to prevent future…

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