Legal Opinion

Already, LLC v. Nike, Inc.

Supreme Court of the United States

Decided January 9, 2013No. 11-982PublishedCited by 1,312 opinions

1Opinion of the CourtChief Justice Roberts

The question is whether a 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.

I

Respondent Nike designs, manufactures, and sells athletic footwear, including a line of shoes known as Air Force Is. Petitioner Already also designs and markets athletic footwear, including shoe lines known as “Sugars” and “Soulja Boys.” Nike, alleging that the Soulja Boys infringed and diluted the Air Force 1 trademark, demanded that Already cease and desist its sale of those shoes.…

Also in this document: Concurrence.

2Cases cited24 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  3. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. New Hampshire v. MaineSupreme Court of the United States · 2001

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3Cited by1,312 opinions

  1. Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
  2. Hollingsworth v. PerrySupreme Court of the United States · 2013
  3. Kingdomware Technologies, Inc. v. United StatesSupreme Court of the United States · 2016
  4. Zach Hillesheim v. Holiday Stationstores, Inc.Court of Appeals for the Eighth Circuit · 2020
  5. Brown v. BuhmanCourt of Appeals for the Tenth Circuit · 2016

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