How Supreme Court Should Rule In Yums V. Nike

Law360, New York (December 5, 2012, 12:51 PM EST) -- In July 2009, Nike sued Already LLC, d/b/a Yums, in the United States District Court for the Southern District of California for trademark infringement, false designation of origin, unfair competition and trademark dilution based its federally registered Nike trademark covering the design of Nike’s Air Force 1 athletic shoe. Yums filed a counterclaim for declaratory judgment seeking to cancel Nike’s registration on the grounds that it was not a trademark under 15 U.S.C. §1127 or under New York law.

Subsequently, Nike delivered a covenant not to...
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