Puerto Rico: The Island of Infringement? An Analysis of The Intersectionality of Eleventh Amendment Sovereign Immunity and Federal False Endorsement Claims

Authors

Robert Hilton, University of Miami School of Law

Abstract

This Note delves into the complex legal landscape of Puerto Rico’s application of sovereign immunity in the context of federal false endorsement claims, focusing particularly on the recent case involving the unauthorized use of Hall of Fame baseball player Roberto Clemente’s name and likeness. It critically examines the intersectionality of Eleventh Amendment sovereign immunity with the Lanham Act’s Section 43(a), highlighting the challenges faced in enforcing intellectual property rights within unincorporated territories of the United States.

The analysis begins by exploring the historical basis of sovereign immunity and its evolution from common law to the intricacies of the Eleventh Amendment. It then shifts to discuss the unique political and legal status of Puerto Rico, emphasizing its impact on the application of sovereign immunity in modern jurisprudence. The core of the Note addresses the litigation surrounding the misuse of Roberto Clemente’s name in government-promoted products, positing that Puerto Rico’s status and federal laws provide a unique legal framework that complicates the otherwise straight-forward application of sovereign immunity.

Further, the Note assesses the implications of recent judicial decisions that may influence the ongoing debate over Puerto Rico’s sovereign immunity and its capacity to engage in commerce that infringes upon intellectual property rights. It argues for a reevaluation of traditional sovereign immunity in the context of federal territories to better align with the realities of modern intellectual property law and commercial practices.

Ultimately, this Note advocates for a legislative and judicial reconsideration of how sovereign immunity is applied in territories like Puerto Rico, particularly in cases involving intellectual property. The Note concludes with recommendations for clearer guidelines that reconcile the need for sovereign immunity with the protection of intellectual property rights, suggesting potential judicial and legislative reforms to address these complex issues.

Recommended Citation

Robert Hilton, Puerto Rico: The Island of Infringement? An Analysis of The Intersectionality of Eleventh Amendment Sovereign Immunity and Federal False Endorsement Claims, 55 U. MIA Inter-Am. L. Rev. 439 (2024)
Available at: https://repository.law.miami.edu/umialr/vol55/iss2/6