The Supreme Court of the United States heard oral argument today in the case of Already v. Nike. The question presented is:
Whether a federal district court is divested of Article III jurisdiction over a party’s challenge to the validity of a federally registered trademark if the registrant promises not to assert its mark against the party’s then-existing commercial activities.
The transcript of the oral argument is available here: link.
The audio of the oral argument is available [here.].
Justice Breyer’s famous comment is available [here].
The briefs are available here:
- Brief for Intellectual Property Professors in Support of Petitioners
- Brief for Public Patent Foundation in Support of Petitioner
- Brief for the American Intellectual Property Law Association in Support of Respondent
- Brief for the International Trademark Association in Support of Respondent
- Brief for Levi Strauss & Co. and Volkswagen Group of America, Inc. in Support of Respondent
- Brief for the United States in Support of Vacatur and Remand
- Brief for Intellectual Property Owners Association in Support of Neither Party