Supreme Court Will Hear Nike Trademark Validity Case

Law360, New York (June 25, 2012, 3:06 PM EDT) -- In a case involving Nike Inc., the U.S. Supreme Court on Monday agreed to weigh the question of whether an accused infringer can still challenge the validity of trademark after the owner agrees not to sue.

Shoe maker Yums LLC, which was accused of infringement by Nike, is appealing the Second Circuit's November decision that the federal courts lost jurisdiction to hear Yums' counterclaims that Nike's mark is invalid when Nike executed a covenant not to sue Yums.

In its Supreme Court petition filed in February,...
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