Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that Nike’s mark was invalid, and argued that that counterclaim should proceed. The District Court dismissed the counterclaim, and the Second Circuit affirmed that there was no ongoing case or controversy. In an opinion issued yesterday, the Supreme Court affirmed this outcome.
Much of the affirming opinion came down to semantics. The… More