Supreme Court Applies Voluntary Cessation Doctrine in Finding Nike Trademark Case Moot | Practical Law
On January 9, 2013, the US Supreme Court affirmed the US Court of Appeals for the Second Circuit's decision in Already, LLC, d/b/a Yums v. Nike, Inc., holding that Nike's covenant not to enforce its AIR FORCE 1 trademark against competitor Already's existing products and any future colorable imitations renders moot Already's action to have the trademark declared invalid. The Court expressly invoked the voluntary cessation doctrine in this decision.