US: Nike wins athletic shoe trademark case
The US Supreme Court has backed US sportswear giant Nike in a trademark ruling against smaller rival Already LLC, maker of Yums athletic shoes.
In a case that goes back to 2009, Nike had alleged that two of Already's athletic shoes violated its Air Force 1 trademark.
Already denied the allegations and filed a counterclaim challenging the validity of Nike's Air Force 1 trademark.
This prompted Nike to issue a covenant promising not to sue or raise any trademark or unfair competition claims against Already's existing footwear designs, or any future designs based on its current products.
Already refused to agree that the covenant had extinguished the case or controversy, arguing that its business was threatened and potential backers would not consider investing in Already until Nike's trademark was invalidated.
But both the District Court and Second Circuit dismissed Already's counterclaim, concluding that there was no longer a justiciable controversy.
Accprding to court documents, the court said it could not conceive of a shoe that would infringe Nike's trademark yet not fall within the covenant; and that Already had not asserted any intent to market such a shoe.
Given their rapid evolution over recent years, it is difficult to predict where ERP and PLM will be a few years from now. Increased compatibility, cloud-based systems, social media mining, and on-dema...
The most-read stories on just-style this week include the launch of Nike's new app to help designers focus on sustainability, mounting pressure for Gap and Walmart to join the safety accord, and a loo...
Sportswear giant Nike has called for an inquiry by the Cambodian government into a dispute between police and thousands of garment workers at a factory it sources from....
Sportswear giant Nike has reported a 22% hike in fourth-quarter net profit, driven by higher sales and improved margins....
- Why have US FTA imports fallen to a record low?
- Collaboration key to the future of smart textiles
- Synergies Worldwide CEO unravels sourcing shifts
- First figures show Bangladesh exports climb
- Rana Plaza three years on – Timeline of change
- Hanesbrands to buy Pacific Brands for $800m
- Retailer Austin Reed goes into administration
- C&A selects PLM to boost product development
- BHS receives "expressions of interest"
- Timberland sets new eco-preferred standards