Already, LLC v. Nike, Inc.

Already, LLC v. Nike, Inc.
Supreme Court of the United States
Decided January 9, 2013
Full case name	Already, LLC v. Nike, Inc.
Citations	568 U.S. 85 ( more )
Holding
An unconditional and irrevocable commitment not to enforce a trademark against the defendant in an action moots that action over the defendant's objection that the trademark is invalid.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia  · Anthony Kennedy Clarence Thomas  · Ruth Bader Ginsburg Stephen Breyer  · Samuel Alito Sonia Sotomayor  · Elena Kagan
Case opinions
Majority	Roberts, joined by unanimous
Concurrence	Kennedy, joined by Thomas, Alito, Sotomayor

Already, LLC v. Nike, Inc., 568 U.S. 85(2013), was a United States Supreme Court case in which the court held that an unconditional and irrevocable commitment not to enforce a trademark against the defendant in an action moots that action over the defendant's objection that the trademark is invalid. ^{[1] [2]}

Background

Nike, Inc. filed a lawsuit alleging that two of Already's athletic shoes violated Nike's Air Force 1 trademark. Already denied the allegations and filed a counterclaim challenging the validity of Nike's Air Force 1 trademark. ^[1]

While the suit was pending, Nike issued a "Covenant Not to Sue," promising not to raise any trademark or unfair competition claims against Already or any affiliated entity based on Already's existing footwear designs, or any future Already designs that constituted a "colorable imitation" of Already's current products. Nike then moved to dismiss its claims with prejudice, and to dismiss Already's counterclaim without prejudice on the ground that the covenant had extinguished the case or controversy. ^[1]

Already opposed dismissal of its counterclaim, contending that Nike had not established that its covenant had mooted the case. In support, Already presented an affidavit from its president, stating that Already planned to introduce new versions of its lines into the market; affidavits from three potential investors, asserting that they would not consider investing in Already until Nike's trademark was invalidated; and an affidavit from an Already executive, stating that Nike had intimidated retailers into refusing to carry Already's shoes. ^[1]

The federal District Court dismissed Already's counterclaim, concluding that there was no longer a justiciable controversy. The Second Circuit Court of Appeals affirmed. It explained that the covenant was broadly drafted, that the court could not conceive of a shoe that would infringe Nike's trademark yet not fall within the covenant, and that Already had not asserted any intent to market such a shoe. ^[1]

Opinion of the court

The Supreme Court issued an opinion on January 9, 2013. ^[1]

References

1. Already, LLC v. Nike, Inc., 568 U.S. 85 (2013).
2. Denniston, Lyle (January 9, 2013). "Opinion recap: A promise better be a promise". SCOTUSblog. Retrieved August 26, 2025.

External links

• Text of Already, LLC v. Nike, Inc., 568 U.S. 85(2013) is available from: Cornell Findlaw Justia

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain .