In a swift ruling that’s left intellectual property circles reeling, the U.S. Supreme Court on Monday shut down a San Diego attorney’s decade-long quest to trademark “US Space Force,” dealing a final blow to what he pitched as a sci-fi entertainment empire. The denial, amid surging interest in Supreme Court trademark denial cases, US Space Force trademark battles, San Diego attorney trademark disputes, Lanham Act Section 2(a) challenges, and IP attorney Space Force efforts, underscores the ironclad protections around government branding.
Thomas D. Foster, a veteran IP lawyer from Foster Pepper PLLC in San Diego, first filed for the mark in 2016, envisioning it for a sprawling franchise: comics, movies, toys, and apparel centered on a fictional interstellar law enforcement squad. But the U.S. Patent and Trademark Office (USPTO) rejected it outright under Section 2(a) of the Lanham Act, which bars marks that falsely suggest affiliation with the government. The real U.S. Space Force, established in 2019 as the sixth branch of the military, had already claimed its name, leaving no room for Foster’s galactic ambitions.
The saga dragged through appeals. In May 2025, the Federal Circuit upheld the Trademark Trial and Appeal Board (TTAB)’s refusal, ruling that “US Space Force” could confuse consumers into thinking Foster’s products were officially tied to the Pentagon’s newest arm. Undeterred, Foster escalated to the Supreme Court in August, filing a petition for certiorari that blasted the Lanham Act provision as unconstitutional—vague, overbroad, and a First Amendment chill on creative expression. He argued it stifled innovation in entertainment, where nods to real-world icons fuel blockbusters like Star Wars.
[articlepage]
But on October 6, 2025, the justices denied review without comment, letting the lower court’s decision stand. This routine cert denial—joining a docket already bloated with 7,000-plus petitions yearly—effectively kills Foster’s bid, though he retains common-law rights to the name in specific uses if he avoids government mimicry.
Background reveals a trademark minefield. The Lanham Act’s Section 2(a) has long shielded official symbols, from “I ❤️ NY” to military insignias, to prevent public deception. Foster’s case echoed past flops, like the Redskins’ name saga or “Trump Too Small” bids, where government-adjacent marks hit walls. His applications spanned 12 classes, from books to video games, but examiners flagged the “US” prefix as a dead giveaway for false endorsement.
Reactions lit up legal forums and social feeds. IP Watchdog called it a “constitutional dud,” with bloggers lamenting missed chances to refine free speech in branding. Entertainment attorneys, like those at Knobbe Martens, praised the outcome for safeguarding military trademarks amid rising space commercialization—think SpaceX tie-ins. Foster himself, in a post-ruling statement to Law.com, vowed to pivot: “We’ll rebrand and launch anyway; creativity doesn’t need a federal stamp.” Public sentiment skewed pragmatic, with X users joking about “Space Force fanfic” dodging lawsuits, while veterans’ groups nodded approval, citing brand dilution risks.
Experts dissected the fallout. “This reinforces the firewall between pop culture and officialdom,” said University of San Diego law prof Abigail Salisbury in a Bloomberg Law interview, warning indie creators to steer clear of “US” prefixes on defense nods. On the flip side, free-speech advocates like the Electronic Frontier Foundation decried it as overreach, potentially hobbling satirical works in a post-Trump media landscape.
For U.S. readers, the ripple effects span economy, lifestyle, and politics. Economically, it bolsters the $500 billion IP sector by clarifying rules, aiding startups in tech hubs like San Diego’s biotech boom—fewer disputes mean smoother venture funding. Lifestyle-wise, aspiring authors and filmmakers get a reality check: Want to riff on Space Force? Ditch the “US” or risk cease-and-desists, preserving the joy of unencumbered fan art at cons like Comic-Con. Politically, it shields taxpayer-funded military branding from commodification, especially timely with 2026 elections eyeing defense budgets amid China tensions. Tech angles shine too: AI-generated content tools now face stricter guardrails, prompting platforms like Midjourney to amp up trademark filters.
User intent boils down to guidance—creators querying “can I trademark military-inspired names?” now have a stark no from the highest court. Foster’s team managed the push with grit, crowdsourcing amicus briefs from Hollywood guilds, but the orbit proved too high. As SCOTUS terms wind down, this denial spotlights enduring tensions between commerce and expression.
The Supreme Court trademark denial wraps Foster’s stellar standoff, likely inspiring workaround strategies in IP circles. With US Space Force trademark pursuits grounded, San Diego attorney trademark innovators, Lanham Act Section 2(a) enforcers, and broader Supreme Court IP rulings in flux, eyes turn to Congress for potential tweaks—ensuring space remains for imagination, not litigation.
By Sam Michael
Follow us for the latest updates and subscribe to our newsletter for push notifications on breaking stories like Supreme Court trademark decisions.