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Already, LLC v. Nike, Inc.

Docket No.11-982
Op. Below2d Cir.
ArgumentNov 7, 2012
Vote9-0
AuthorJohn Roberts
OpinionJan 9, 2012
TermOctober Term 2012
SCOTUS PageOpinion

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.

Judgment

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

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.

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.

Proceedings & orders timeline

Feb 8, 2012
Petition for a writ of certiorari filed. (Response due March 12, 2012)
Mar 6, 2012
Waiver of right of respondent Nike, Inc. to respond filed.
Mar 21, 2012
DISTRIBUTED for Conference of April 13, 2012.
Apr 4, 2012
Response Requested . (Due May 4, 2012)
Apr 17, 2012
Order extending time to file response to petition to and including June 4, 2012.
Jun 4, 2012
Brief of respondent Nike, Inc. in opposition filed.
Jun 5, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 8, 2012
Reply of petitioner Already, LLC, dba Yums filed. (Distributed)
Jun 25, 2012
Petition GRANTED.
Jul 23, 2012
SET FOR ARGUMENT ON Wednesday, November 7, 2012
Jul 24, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 16, 2012.
Aug 3, 2012
The time to file respondent's brief on the merits is extended to and including September 24, 2012.
Aug 3, 2012
Record received from U.S.C.A. for 2nd. This record is electronic.
Aug 3, 2012
Record from U.S.D.C. for Southern District is electronic.
Aug 16, 2012
Joint appendix and supplemental joint appendix filed.
Aug 16, 2012
Brief of petitioner Already, LLC d/b/a YUMS filed.
Aug 23, 2012
Brief amicus curiae of United States supporting Vacatur and Remand filed.Aug 23, 2012
Brief amici curiae of Intellectual Property Professors filed. (Distributed)Aug 23, 2012
Brief amicus curiae of Public Patent Foundation filed. (Distributed)Aug 23, 2012
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. (Distributed)
Aug 24, 2012
CIRCULATED.
Sep 11, 2012
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
Sep 24, 2012
Brief of respondent Nike, Inc. filed. (Distributed)Sep 28, 2012
Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)Oct 1, 2012
Brief amicus curiae of International Trademark Association filed. (Distributed)
Oct 1, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 1, 2012
Brief amici curiae of Levi Strauss & Co., et al. filed. (Distributed)
Oct 15, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 24, 2012
Reply of petitioner Already, LLC d/b/a YUMS filed. (Distributed)Nov 7, 2012
Argued. Fpr petitioner: James W. Dabney, New York, N. Y. For United States as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Thomas C. Goldstein, Washington, D. C.
Jan 9, 2013
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion, in which Thomas, Alito, and Sotomayor, JJ., joined.
Feb 11, 2013
JUDGMENT ISSUED.

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