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ARTICLE · 19 MARCH 2013

Already, LLC v. Nike, Inc., 133 S. Ct. 721 (Jan. 9, 2013)

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Nike, Inc. sued Already, LLC in the U.S. District Court for the Southern District of New York, alleging that Already infringed Nike’s registered trade-dress rights in the design of its "Air Force 1" athletic shoes.

United StatesLitigation, Mediation & Arbitration
Michael Justus
Michael Justus
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CASE SUMMARY

FACTS

Nike, Inc. ("Nike") sued Already, LLC ("Already") in the U.S. District Court for the Southern District of New York, alleging that Already infringed Nike's registered trade-dress rights in the design of its "Air Force 1" athletic shoes.  Already counterclaimed for cancellation of Nike's "Air Force 1" trade-dress registration.  In response, Nike issued a covenant not to sue, promising to not challenge Already's existing line of shoes or any "colorable imitations thereof."  Nike then moved to voluntarily dismiss its own claims with prejudice, and to dismiss Already's counterclaim for cancellation as moot.  The district court granted Nike's motions to dismiss and, on appeal, the Second Circuit affirmed.

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