Supreme Court Should Send Back Nike-Yums Mark Suit: SG

Law360, New York (August 24, 2012, 4:45 PM EDT) -- A case involving Nike Inc. over whether accused infringers can still challenge a trademark's validity after the owner agrees not to sue should be remanded because the lower courts failed to properly develop the record, the federal government told the U.S. Supreme Court on Thursday.

The high court agreed in June to hear the case and has set oral arguments for November. In an amicus brief, U.S. Solicitor General Donald Verrilli said that the lower courts should have required Nike to prove that its covenant never...
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