Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design
In This Bulletin:
- Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case
- Murky Waters: Post-Approval Regulatory Activities and the §...more
In This Issue:
- Supreme Court Affirms Dismissal Based on Nike's Broad Covenant Not to Sue
- Hershey Cannot Kiss SWISSKISS Chocolates Goodbye
- Luulemon's Design Mark is Rejected as Merely...more
In This Issue:
*News From the Bench
- Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion.
- Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton.
Brand owner's broad covenant not to sue may render invalidity counterclaims moot.
On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more
The Supreme Court recently ruled that Nike employing what some have called a “sue and run” tactic by engaging shoemaker Already in a trademark dispute then bailing with a “covenant not to sue” was indeed legal. Though Nike...more
Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more
The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more
In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more
In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more
The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more
In an important intellectual property ruling likely to affect patent law as much as trademark law, the U.S. Supreme Court issued its opinion in Already, LLC v. Nike, Inc., No. 11-982 (U.S. Jan. 9, 2013), unanimously holding...more
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