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Intellectual PropertyCopyrightsTrademarksThe Intellectual Property StrategistFeatures

Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC

By Howard Shire and Di’Vennci Lucas
October 02, 2025

The U.S. Supreme Court is set to commence its term on October 6. Among the cases it will review are several appeals concerning copyright and trademark law. One notable case seeks to address procedural inconsistencies and claims of unconstitutional vagueness attributed to the U.S. Court of Appeals for the Federal Circuit (CAFC).

In May 2025, the CAFC emphasized the importance of avoiding trademarks that falsely suggest a connection with the United States government. In the case of In re: Thomas D. Foster, APC, 136 F.4th 1090 (Fed. Cir. 2025), the CAFC upheld a decision by the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (PTO), which refused to register the standard character word mark “US SPACE FORCE” (referred to as the Mark).

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