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September-October, 2012 Vol. 102 No. 5 Back to TMR Main Page
 
Amicus Brief of the International Trademark Association in Already, LLC, d/b/a Yums v. Nike, Inc.
 
 
Court: U.S. Supreme Court

INTA Position: The court should affirm the Second Circuit's decision that an unconditional, broad covenant not to sue divests a federal court of Article III jurisdiction over a trademark cancellation claim because (1) such a covenant renders moot the original trademark infringement action, thereby removing the necessary "case or controversy" before the court, (2) the trademark cancellation claim does not provide an independent basis for jurisdiction, (3) the claimant has recourse to request cancellation from the USPTO Trademark and Trial Appeal Board, which is a more appropriate forum for resolution of cancellation claims, and (4) the Second Circuit's decision promotes the important public policy of favoring amicable resolution of disputes without resort to the courts.

Outcome: Pending

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