Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-982 | 2d Cir. | Nov 7, 2012 | Jan 9, 2012 | 9-0 | Roberts | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondent in this case.
Holding: Nike's unconditional and irrevocable covenant not to enforce a trademark against a competitor’s existing products and any future “colorable imitations” moots the competitor’s action to have the trademark declared invalid.
Judgment: Affirmed, 9-0, in an opinion by Chief Justice Roberts on January 9, 2012. Justice Kennedy filed a concurring opinion, in which Justices Thomas, Alito and Sotomayor joined.
Date | Proceedings and Orders |
---|---|
Feb 8 2012 | Petition for a writ of certiorari filed. (Response due March 12, 2012) |
Mar 6 2012 | Waiver of right of respondent Nike, Inc. to respond filed. |
Mar 21 2012 | DISTRIBUTED for Conference of April 13, 2012. |
Apr 4 2012 | Response Requested . (Due May 4, 2012) |
Apr 17 2012 | Order extending time to file response to petition to and including June 4, 2012. |
Jun 4 2012 | Brief of respondent Nike, Inc. in opposition filed. |
Jun 5 2012 | DISTRIBUTED for Conference of June 21, 2012. |
Jun 8 2012 | Reply of petitioner Already, LLC, dba Yums filed. (Distributed) |
Jun 25 2012 | Petition GRANTED. |
Jul 23 2012 | SET FOR ARGUMENT ON Wednesday, November 7, 2012 |
Jul 24 2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 16, 2012. |
Aug 3 2012 | The time to file respondent's brief on the merits is extended to and including September 24, 2012. |
Aug 3 2012 | Record received from U.S.C.A. for 2nd. This record is electronic. |
Aug 3 2012 | Record from U.S.D.C. for Southern District is electronic. |
Aug 16 2012 | Joint appendix and supplemental joint appendix filed. |
Aug 16 2012 | Brief of petitioner Already, LLC d/b/a YUMS filed. |
Aug 23 2012 | Brief amicus curiae of United States supporting Vacatur and Remand filed. |
Aug 23 2012 | Brief amici curiae of Intellectual Property Professors filed. (Distributed) |
Aug 23 2012 | Brief amicus curiae of Public Patent Foundation filed. (Distributed) |
Aug 23 2012 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. (Distributed) |
Aug 24 2012 | CIRCULATED. |
Sep 11 2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent. |
Sep 24 2012 | Brief of respondent Nike, Inc. filed. (Distributed) |
Sep 28 2012 | Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed) |
Oct 1 2012 | Brief amicus curiae of International Trademark Association filed. (Distributed) |
Oct 1 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
Oct 1 2012 | Brief amici curiae of Levi Strauss & Co., et al. filed. (Distributed) |
Oct 15 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Oct 24 2012 | Reply of petitioner Already, LLC d/b/a YUMS filed. (Distributed) |
Nov 7 2012 | Argued. Fpr petitioner: James W. Dabney, New York, N. Y. For United States as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Thomas C. Goldstein, Washington, D. C. |
Jan 9 2013 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion, in which Thomas, Alito, and Sotomayor, JJ., joined. |
Feb 11 2013 | JUDGMENT ISSUED. |