Newman Addresses Already, LLC v. Nike, Inc. in Podcast
In a January 18 Federalist Society post-decision SCOTUSCast, Professor Christopher Newman discusses the High Court's January 9 decision in Already, LLC v. Nike, Inc.
During litigation of a suit in which Nike alleged that certain of Already's athletic shoes infringed on the company's patents, Nike issued a covenant stating it would not assert any trademark or unfair competition claims against Already based on existing footwear designs or future "colorable imitations." Nike subsequently sought dismissal of all claims with prejudice, with Already resisting dismissal.
In an opinion rendered by Chief Justice Roberts, the Court held unanimously that application of the voluntary cessation doctrine established the case as moot.
Listen to the podcast here (The page contains links to the opinion and the oral arguments transcripts)