Justices Eye Nike's Deal Not To Sue In Trademark Case

Law360, New York (November 7, 2012, 9:39 PM EST) -- Wednesday's U.S. Supreme Court oral arguments in a case over whether accused infringers can still challenge a trademark's validity after the owner agrees not to sue focused largely on whether a covenant not to sue offered by Nike Inc. insulated a rival company from future litigation.

The justices seemed skeptical of the argument by accused infringer Already LLC that it should still be able to pursue litigation to invalidate a Nike sneaker mark, despite the covenant not to sue, because the continued existence of Nike's mark...
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