Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.

Summer 2012 Issue

Cases to Watch

On June 25, 2012, the U.S. Supreme Court granted certiorari in Already LLC d/b/a Yums v. Nike Inc., No. 11-982, on the question of whether federal courts have jurisdiction under Article III of the U.S. Constitution to hear challenges to the validity of a federally registered trademark when a registrant has offered a covenant not to sue.  At issue is whether a covenant not to sue moots the dispute to eliminate any “case or controversy” so as to divest the court of subject matter jurisdiction.  Stay tuned.