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Tactical Use of Covenants Not To Sue Headed for Supreme Court by Uli Widmaier
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - Chicago Office
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August 3, 2012
Previously published on July 2012
The U.S. Supreme Court recently took up a trademark issue and granted certiorari in Already LLC d/b/a Yums v. Nike, Inc., No. 11-982, - U.S. -, 2012 WL 425184 (June 25, 2012). 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." Petition for Writ of Certiorari, 2012 WL 441275 (February 8, 2012). The case will be heard during the 2012-2013 term.
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