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Nike Trounces Clothing Co.'s IP Suit By Showing First Use

Law360, New York (May 25, 2012, 3:46 PM EDT) -- Nike Inc. on Thursday beat allegations it infringed a clothing company's trademarks by using them in a promotion for the U.S. men's soccer team after a California federal judge found that Nike had first used the disputed slogan and that the marks were therefore invalid.

U.S. District Judge William Q. Hayes granted Nike's motion for summary judgment ending Bauer Bros. LLC's suit accusing the sports apparel powerhouse of copying the “Don't Tread On Me” and "DTOM" trademarks used in its apparel line, saying Bauer had not actually been using its marks when it first filed for protection in 2004 and that...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


California Southern

Nature of Suit



Subscribers Only

Date Filed

March 12, 2009

Law Firms


Government Agencies