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Already, LLC v. Nike, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
11-982 2d Cir. Nov 7, 2012
Tr.Aud.
Jan 9, 2012 9-0 Roberts OT 2012
 
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Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondent in this case.

Holding: Nike's unconditional and irrevocable 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.

Plain English Summary:

Judgment: Affirmed, 9-0, in an opinion by Chief Justice Roberts on January 9, 2012. Justice Kennedy filed a concurring opinion, in which Justices Thomas, Alito and Sotomayor joined.

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Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondent in this case.   Holding: Nike's unconditional and irrevocable 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.   JudgmentAffirmed, 9-0, in an opinion by Chief Justice Roberts on January 9, 2012. Justice Kennedy filed a concurring opinion, in which Justices Thomas, Alito and Sotomayor joined.
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