The Supreme Court on Wednesday supported efforts by Nike Inc. to rid itself of a rival’s trademark suit by promising not to pursue its own lawsuit against the competitor, Already LLC.
The promise or covenant, the court agreed, rendered the litigation moot. It was a significant win for Nike, and a continuation of the court’s efforts to rein in business litigation through jurisdictional and other procedural devices. The case was Already LLC v. Nike Inc. A brief in the case by the International Trademark Association said that allowing Already’s suit to continue would “weaken the incentives that foster compromise and settlement of trademark disputes.”
