The First Circuit Court of Appeals heard arguments this week in a dispute pitting the family of baseball legend Roberto Clemente against Puerto Rico's government over the unauthorized use of the Hall of Famer's name and image on commemorative license plates and registration tags.
In *Clemente Properties, Inc. v. Pierluisi-Urrutia* (1st Cir. 2026), Roberto Clemente Jr., Luis Roberto Clemente, and Roberto Enrique Clemente, along with their companies Clemente Properties Inc. and 21 In Right Inc., are challenging the Commonwealth of Puerto Rico's commercialization of their father's legacy. The case was heard before Chief Judge Barron and Circuit Judges Lipez and Thompson.
The dispute centers on the Puerto Rican government's decision to issue commemorative license plates and registration tags bearing Roberto Clemente's name and image, with proceeds designated to fund a new "sports district" that will bear the baseball icon's name. According to court documents, this sports district will replace a similar initiative that was originally conceived by Clemente himself and his wife.
The defendants include some of Puerto Rico's most senior government officials, all sued in both their official and individual capacities. Governor Pedro Pierluisi-Urrutia heads the list of defendants, along with Eileen Vélez-Vega, Secretary of the Department of Transportation and Public Works; Francisco Parés Alicea, Secretary of the Department of the Treasury; and Ray Quiñones-Vázquez, Secretary of the Department of Sports and Recreation. The Puerto Rico Convention Center District Authority is also named as a defendant.
The case originated in the U.S. District Court for the District of Puerto Rico, where Judge Gina Méndez-Miró ruled in favor of the government defendants. The Clemente family and their companies then appealed to the First Circuit, seeking to overturn that decision.
Representing the appellants, attorneys Tanaira Padilla-Rodriguez and Wencong Fa appeared alongside the Beacon Center of Tennessee. The government defendants were represented by Assistant Solicitor General Mariola Abreu-Acevedo, working with Solicitor General Fernando Figueroa-Santiago and Deputy Solicitor General Omar Andino-Figueroa.
The legal dispute raises complex questions about intellectual property rights, the commercial use of a deceased person's name and likeness, and the authority of government entities to appropriate private interests for public projects. While the specific legal theories underlying the Clemente family's claims are not detailed in the available court documents, the case appears to involve issues of publicity rights and potentially constitutional claims related to the taking of private property.
Roberto Clemente, who died in a plane crash in 1972 while delivering aid to earthquake victims in Nicaragua, remains one of Puerto Rico's most beloved sports figures. The Pittsburgh Pirates outfielder was the first Latino player inducted into the Baseball Hall of Fame and is remembered both for his athletic achievements and his humanitarian work. His legacy has significant commercial and cultural value, making the control of his name and image a matter of both financial and emotional importance to his surviving family.
The government's creation of commemorative license plates featuring Clemente's name and image appears to be part of a broader economic development strategy. The proceeds from these items are earmarked for a sports district that will honor Clemente's memory, but the family argues this represents an unauthorized appropriation of their father's legacy.
Particularly troubling to the family appears to be the fact that this new sports district will replace an initiative that Clemente himself had originally planned with his wife. This suggests that the government's project may not only commercialize Clemente's image without permission but also supplant the family's own efforts to honor his memory in the way he had intended.
The case highlights the ongoing tension between government efforts to leverage cultural icons for economic development and families' rights to control the commercial use of their deceased relatives' names and images. In Puerto Rico, where Clemente's status transcends sports to encompass broader themes of Latino pride and humanitarian service, these disputes carry particular cultural and political significance.
The First Circuit's eventual decision could have implications for similar cases involving the government use of deceased celebrities' names and images for public projects. The court will need to balance the government's interest in honoring public figures and promoting economic development against families' rights to control valuable intellectual property.
The case number 23-1922 indicates the appeal was filed in 2023, suggesting the litigation has been ongoing for several years. The involvement of multiple high-ranking Puerto Rican officials demonstrates the government's significant investment in defending its commemorative license plate program.
A ruling from the First Circuit is expected in the coming months. If the family succeeds on appeal, it could force Puerto Rico to halt its commemorative license plate program and potentially pay damages for the unauthorized use of Clemente's name and image. Conversely, an affirmance of the district court's ruling would validate the government's authority to proceed with its sports district project using Clemente-themed fundraising mechanisms.