Tanya SaverchenkoBusiness LawProfessor Moiso1 November 2014Case Brief #3Case:Already, LLC v. Nike, Inc.Supreme Court of the United States, _U.S._, 133 S.Ct. 721, 184 L.Ed. 553 (2013)Summary:Since 1982, Nike Inc. sold a line of shoes called the Air Force 1. These shoes have a logo printedon the side which is very easily distinguished. In November 2009, Nike filed a lawsuit againstAlready LLC for having a line of shoes (Soulja Boys and Sugar) that were strikingly similar tothe Air Force 1 design.Already then proceeded to counterclaim and attempted to cancel Nike'strademark, claiming it wasn't valid.Eight months later, "Nike dismissed its claims with prejudice against Already. Nike also issued toAlready a covenant not to sue, promising not to raise against Already or any Already-affiliatedentity (including customers and distributors) any possible trademark or unfair competition claimor demand based on any of Already's existing shoe designs or future designs that were a"colorable imitation" of Already's current products." (BD)
