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ALREADY, LLC v. NIKE, INC.

No. 11-982.

133 S.Ct. 721 (2013)

184 L.Ed.2d 553

ALREADY, LLC, dba Yums, Petitioner v. NIKE, INC.

Supreme Court of United States.

Decided January 9, 2013.

Attorney(s) appearing for the Case

James W. Dabney, New York, NY, for Petitioner.

Ginger D. Anders, for the United States as amicus curiae, by special leave of the Court, supporting vacatur and remand.

Thomas C. Goldstein, Washington, DC, for Respondent.

John F. Duffy, Of Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC, James W. Dabney, Counsel of Record, Stephen S. Rabinowitz, Victoria J.B. Doyle, Randy C. Eisensmith, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Petitioner.

Christopher J. Renk, Erik S. Maurer, Audra C. Eidem Heinze, Banner & Witcoff, Ltd., Chicago, IL, Thomas C. Goldstein, Counsel of Record, Kevin K. Russell, Amy Howe, Goldstein & Russell, P.C., Washington, DC, for Respondent.

Chief Justice ROBERTS delivered the opinion of the Court.

The question is whether a covenant not to enforce a trademark against a competitor's existing products and any future "colorable imitations" moots the competitor's action to have the trademark declared invalid.

I

Respondent Nike designs, manufactures, and sells athletic footwear, including a line of shoes known as Air Force 1s. Petitioner Already also designs and markets athletic footwear...

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