Trademarks, Nike | JD Supra Law News

Intellectual Property Bulletin - Winter 2013

by Ewa Davison, R.J. Heher, David Marty, David Tellekson, Jedediah Wakefield, Elizabeth White, Lauren Whittemore, Sean Wikner | Fenwick & West LLP on 4/4/2013

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

Trademark Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 3/4/2013

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

Intellectual Property Newsletter - January 2013

by King & Spalding on 1/29/2013

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. -...more

Enforcement Implications of Already, LLC v. Nike, Inc.

by Karen Butcher, Michael Clayton, J. Kevin Fee | Morgan Lewis on 1/24/2013

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

Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design [Video]

by LXBN on 1/17/2013

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

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

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

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

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

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

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

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

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

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

by Kenneth Kuwayti | Morrison & Foerster LLP on 1/13/2013

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

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

by Andrew Baum | Foley & Lardner LLP on 1/10/2013

In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more

Supreme Court Decision May Allow Infringement Plaintiffs to Use a Covenant Not to Sue to Avoid an Invalidity Ruling

by Monte Cooper, Scott Lonardo | Orrick, Herrington & Sutcliffe LLP on 1/10/2013

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

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

by Michael P. Boudett | Foley Hoag LLP - Trademark, Copyright &... on 1/10/2013

Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

by Steve Baird | Winthrop & Weinstine, P.A. on 1/10/2013

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

Nike and Adidas on the Same Team?

by Steve Baird | Winthrop & Weinstine, P.A. on 12/17/2012

Knowing how Adidas (or should I say, adidas) jealously guards its three stripe design on shoes, and is notorious for protecting against not only three, but two and four stripe buffers as well, my eyes were drawn to this...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Trademarks › Nike

Intellectual Property Bulletin - Winter 2013

Trademark Review - Volume 3 | Issue 2 February 2013

Intellectual Property Newsletter - January 2013

Enforcement Implications of Already, LLC v. Nike, Inc.

Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design [Video]

A Covenant Not to Sue May Avoid Invalidity Claims

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

Supreme Court Decision May Allow Infringement Plaintiffs to Use a Covenant Not to Sue to Avoid an Invalidity Ruling

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Nike and Adidas on the Same Team?

Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design [Video]

Expand Your Reach