Legal scholars urge Supreme Court to protect Roberto Clemente's trademark rights

In 2021 Puerto Rico passed legislation that required drivers to pay extra for license plates and registration tags bearing Roberto Clemente's name, likeness, jersey number and hit total, directing the proceeds to a state fund without sharing them with his descendants. The Clemente family, who manage the baseball legend's trademark and charitable legacy, sued under the federal Lanham Act and the Fifth Amendment’s Takings Clause.

The First Circuit upheld the trademark portion of the case but threw out the takings claim, reasoning that the Constitution’s compensation requirement applies only to tangible property. Critics note that early American law and Supreme Court precedent have long recognized intangible rights—such as patents, trade secrets, and franchises—as property deserving compensation when taken. They argue that the government’s unlicensed commercial use of the Clemente mark violates this tradition and that the Supreme Court should resolve the split. An amicus brief from the Manhattan Institute and the Instituto de Libertad Económica para Puerto Rico supports the family's position, warning that without clear protection, owners of intangible assets may lack effective remedies against governmental appropriation.