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.