How Already V. Nike Could Impact Hatch-Waxman Cases

Law360, New York (January 28, 2013, 12:24 PM EST) -- In a trademark decision that may have implications on other intellectual property cases, the United States Supreme Court recently issued a unanimous opinion affirming the dismissal of an alleged infringer’s counterclaim for trademark invalidity after the trademark owner provided a covenant not to sue. See Already LLC v. Nike Inc., 568 U.S. ---, No. 11-982 (2013) (Slip Op.). The court found that Already’s counterclaim challenging the validity of Nike’s trademark was mooted after Nike issued a broadly worded covenant not to sue to Already and voluntarily...
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