Wednesday, January 9, 2013

Shoes Without A Suit

The United States Supreme Court announced its decision in Already LLC v. Nike, Inc. on January 9, 2013.  The Court forbade Already (a shoemaker better known as "YUMS") from suing Nike (another shoemaker) because Nike had given Already a covenant not to sue for infringement of the trademark "Air Force 1."  Already alleged that it was planning to make shoes that would use that mark, but Chief Justice Roberts seemed dubious, writing, "If such a shoe exists, it sits, as far as we can tell, on a shelf between Dorothy’s ruby slippers and Perseus’s winged sandals."  Since the decision allows Nike to continue selling their popular and lucrative Air Force 1's, it may have a sole-crushing effect on Already.