U.S. Supreme Court
Nov. 12, 2012
High court case could change IP litigation strategies
Although the question presented is stated in terms of trademarks, the holding in this case will clearly be applicable to patent and copyright suits. By Ted Sichelman of the University of San Diego School of Law
Although Already LLC v. Nike, Inc. is nominally a trademark case, the case ultimately turns upon important jurisdictional issues that could have wide impact within and outside the IP world. The facts are straightforward. Nike sued Already for trademark infringement and dilution for the sale of athletic shoes. Already defended in part by claiming the mark was invalid and not infringed, and also sought a declaratory judgment on these grounds...
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