Posts made in July, 2013

Voluntary Cessation and Loss of Standing

Posted by on Jul 2, 2013

Competitors should not be able to use trademark lawsuits as offensive weapons.  This was the clear message issued by Justice Roberts for a unanimous Supreme Court in the case of Already LLC v. Nike Inc. In the case, also covered by Reuters, Nike sued Already (DBA Yum) for trademark infringement of its iconic Nike Air Force One sneakers.  Already, maker of the “Sugar” and “Soulja Boy” brands of shoes, countersued to invalidate Nike’s trademark.  Then, things became tricky. Already’s Countersuit to Void the Trademark After considering all the factors, Nike decided that Already was not a competitive threat, and so issued a covenant not to sue them for...

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