Nike Says Covenant Sinks Rival's High Court IP Appeal

Law360, New York (September 26, 2012, 6:22 PM EDT) -- A shoemaker challenging the validity of Nike Inc.'s sneaker trademark cannot override the athletic apparel giant's covenant not to sue without the threat of an actual controversy, Nike told the U.S. Supreme Court on Monday.

In its brief opposing an appeal lodged by rival shoemaker Already LLC, doing business as Yums, Nike argued that its delivery of a covenant not to sue Already over a shoe design that allegedly copied Nike's trademarked Air Force 1 sneaker ended any controversy between the companies that could give rise...
To view the full article, register now.