The Trademark Reporter®
Global Trademark Resources

November-December, 2012 Vol. 102 No. 6 Back to TMR Main Page
Covenant Not to Sue: A Super Sack or Just A Wet Paper Bag?

    Intellectual property owners have used a proffer of a covenant not to sue the defendant to extricate themselves from litigation they no longer wish to pursue. This article (1) discusses the history of how courts have dealt with such proffers; (2) analyzes the jurisdictional issues dividing the courts, which are now before the Supreme Court; and (3) analyzes the effect of such a covenant not to sue on the rights of a trademark plaintiff with respect to other potential infringers.
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