According to Reuters, Chief Justice John Roberts wrote for a unanimous court on Wednesday that Nike's promise not to pursue an infringement lawsuit against Already LLC, maker of Yums sneakers, meant that the Texas company could not pursue its own trademark challenge.
Wednesday's decision upheld a November 2011 ruling by the 2nd U.S. Circuit Court of Appeals in New York.
The case began in 2009, when Nike claimed in a lawsuit that Already's Sugar and Soulja Boy shoes infringed Nike's trademark on the stitching, eyelet panels and other features of Air Force 1. After Already countersued to void the trademark, Nike dropped its lawsuit and gave a promise in the form of a covenant not to sue Already. At the time, Nike believed Yums was not a commercial threat. But Already, based in Arlington, TX, continued its countersuit.
The case is Already LLC v. Nike Inc, U.S. Supreme Court, No. 11-982.
Related Links:http://www.reuters.com/article/2013/01/09/us-usa-court-nike-idUSBRE90816A20130109
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