Nike Says High Court Trademark Challenge Out Of Bounds

Law360, New York (June 6, 2012, 6:42 PM EDT) -- Courts cannot consider a defendant's challenge to the validity of a trademark after the plaintiff agrees not to sue, Nike Inc. told the U.S. Supreme Court on Monday, urging the justices to decline an appeal by a company Nike accused of infringement.

Already LLC, which does business as Yums, asked the high court in February to review a Second Circuit ruling that barred the company from challenging Nike's mark after the shoe giant dropped its infringement claims and agreed not to sue Yums.

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