Supreme Court to Decide Important Trademark/IP Issue in Nike v. Already

Nike v. Already, Nike commenced a lawsuit arising out of the alleged trademark and trade dress infringement of its “Air Force 1” shoe.   The defendant Already, Inc. d/b/a Yums filed a counter-claim for a declaratory judgment that it did not infringe Nike’s shoe.  Several months later, Nike delivered a “Covenant Not to Sue” Yums. The Second Circuit held that because Nike had submitted a covenant not to sue Yums, the court no longer had jurisdiction over Yums’s declaratory judgment action, and dismissed the action.   In plain English, this means that a trademark holder, after asserting its rights, can avoid litigation by unilaterally promising not to sue, even where the other party seeks a determination of its rights against the trademark holder. The question before the Court: Whether a federal district court is divested of Article III jurisdiction over a party’s challenge to the validity of a federally registered trademark if the registrant promises not to assert its mark against the party’s then-existing commercial activities. The Second Circuit decision: Nike v. Already, Inc. (2nd Circuit) The petition for certiorari: Nike v. Already Petition for Certiorari  ]]]]> ]]>

CFAA 2021 Year in review

2021 CFAA Year in Review

In 2021 the United States Supreme Court finally considered what constitutes unauthorized access under the Computer Fraud and Abuse Act. It put a bullet in

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