Supreme Court Already v Nike Decision: Voluntary Abandonment is Not Without Pitfalls

World Trademark Review Daily
January 2013

In the Supreme Court’s latest foray into the world of trademark law, the Court examined the impact of a trademark owner’s covenant not to sue on an counterclaim seeking a declaration of the asserted trademark’s invalidity. In Already, LLC, d/b/a Yums v. Nike, Inc., the United States Supreme Court found that if a covenant not to sue is written broadly enough, it can adequately remove the threat of future litigation such that there no longer remains the case or controversy that must be present for the accused infringer to establish the standing necessary for the court to decide its counterclaim.

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