seek patent protection for their ideas, while ardently hoping that they will
not be forced to sue to enforce their rights. Most patentees prefer to spend
their time and money on continued efforts to innovate and run their businesses.
however, patent owners find themselves...
WASHINGTON, D.C. - ( Mealeys ) The Second
Circuit U.S. Court of Appeals properly found standing lacking in a trademark
infringement case by virtue of a covenant not to sue, an attorney for Nike Inc.
told the U.S. Supreme Court yesterday ( Already LLC d/b/a YUMS v. Nike Inc. ,
No. 11-982, U.S. Sup...
WASHINGTON, D.C. - ( Mealey's ) The Second
Circuit U.S. Court of Appeals properly rejected trademark counterclaims levied
against Nike Inc. where a covenant not to sue entered into by the counterclaimant
extinguished any justiciable controversy between the two, the U.S. Supreme
Court held today...
Can a trademark owner avoid a declaratory judgment that its mark is invalid by granting an accused infringer a covenant not to sue and seeking dismissal of the action? In Already, LLC v. Nike, Inc. [ enhanced version available to lexis.com subscribers ], the U.S. Supreme Court answered that question...