Already, LLC, Dba Yums, Petitioner v. Nike, Inc. (568 U.S. 85)
U.S. Supreme Court · decided January 9, 2013 · Supreme Court Database (Spaeth)
- Citation
- 568 U.S. 85 · 133 S. Ct. 721
- Decided
- January 9, 2013
- Term
- October Term 2012
- Vote
- 9–0
- Majority author
- Justice Roberts
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Roberts delivered the opinion of the Court. The question is whether a covenant not to enforce a trademark against a competitor’s existing products and any future “colorable imitations” moots the competitor’s action to have the trademark declared invalid. I Respondent Nike designs, manufactures, and sells athletic footwear, including a line of shoes known as Air Force Is. Petitioner Already also designs and markets athletic footwear, including shoe lines known as “Sugars” and “Soulja Boys.” Nike, alleging that the Soulja Boys infringed and diluted the Air Force 1 trademark, demanded that Already cease and desist its sale of those shoes. When Already refused, Nike filed suit in federal court alleging that the Soulja Boys as well as the Sugars infringed and diluted its Air Force 1 trademark. Already denied these allegations and filed a counterclaim contending that the Air Force 1 trade-' mark is invalid. In March 2010, eight months after Nike filed its complaint, and four months after Already counterclaimed, Nike issued a “Covenant Not to Sue.” App. 95a. Its preamble stated that “Already’s actions ... no longer infringe or dilute the NIKE Mark at a level sufficient to warrant the substantial time and expense of continued litigation.” Id., at 96a. The covenant promised that Nike would not raise against Already or any affiliated entity any trademark or unfair…
Excerpt of a 34,260-character opinion. The full text and citation network load in the interactive viewer above.