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Already v Nike could increase litigation risk for trade mark owners

Alli Pyrah, New York

After being sued by Nike for allegedly infringing its trade mark on a best-selling pair of sneakers, sports manufacturer Already is urging the Supreme Court to let it pursue cancellation of the mark despite Nike’s efforts to drop the case

The lawsuit, Already v Nike, may force brand owners to think twice about suing for trade mark infringement. If Already prevails, trade mark owners will no longer be able to automatically end litigation they have started by signing a covenant...

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