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Nike

Why a Nike case could make retailers afraid to file trademark suits

Big retailers might have pause for thought should Nike lose the case in the US Supreme Court as a smaller shoemaker fights on to invalidate trademark.

THE US SUPREME Court heard arguments today in a trademark dispute involving Nike’s Air Force 1 low-cut sneakers.

Nike sued smaller sneaker maker Already for allegedly infringing its trademark for those shoes, prompting Already to file a countersuit claiming the trademark wasn’t really valid anyway, according to SCOTUSblog.

Then Nike decided Already’s shoes weren’t much of a threat, so it dropped the case.

Already wanted to keep pursuing its crusade to void the trademark despite Nike’s promises not to sue it ever again.

A federal appeals court sided with Nike by finding Already had to drop the case, so the smaller shoe maker took the fight to the USA’s highest court.

If Nike loses in the Supreme Court, defendants in trademark cases could have new leverage because they could keep trying to invalidate trademarks even if the cases against them are dropped, Reuters’ On the Case blog has noted.

The blog notes that “trademark holders will have to think hard about using litigation to protect their marks, since they’d face increased risks.”

The case could have a major impact on luxury companies like Coach Inc. which have recognizable trademarks they often go to court to protect, according to Reuters.

- Erin Fuchs

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    Mute Daniel Hunt
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    Sep 1st 2011, 10:01 AM

    Didn’t they only say just last week that we were doing fantastically well?

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    Mute Ann Illing
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    Sep 1st 2011, 10:13 AM

    Cut the ESRI altogether….that should save a good few bob !!!!!!!!

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    Mute Neil
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    Sep 1st 2011, 11:21 AM

    Yeah, if we get rid of all the people saying we need to close the gap between governent spending and revenue then maybe it’ll all just go away.

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    Mute Tony Stamper
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    Sep 1st 2011, 1:45 PM

    The ESRI do not exactly have a credible record as economic advisors.

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    Mute Collie Woods
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    Sep 1st 2011, 5:50 PM

    Yes if we cut the ERSI from the public purse maybe they might start getting it right in the world of sink or swim.

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    Mute Kathleen O Toole Tighe
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    Sep 1st 2011, 10:11 AM

    Yes daniel they did but that was last week :-)

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    Mute HEADWRECKER
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    Sep 1st 2011, 10:20 AM

    its only an extra 400 million say it fast doesn’t sound much …

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    Mute Louise Ni Riain
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    Sep 1st 2011, 10:41 AM

    Down with that sorta thing

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    Mute damien chaney
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    Sep 1st 2011, 12:36 PM

    Careful now

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    Mute Joseph O Reilly
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    Sep 1st 2011, 1:39 PM

    How can u cut more and more and expect growth ,, it just doesnt make sense

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    Mute Tony Stamper
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    Sep 1st 2011, 1:49 PM

    What do you want us to do, follow the examples of Germany and Holland, who are still performing reasonably well and have low debt.

    FG/FF will never do that, and their excellent track record of only bankrupting the state 4 times in 90 years is proof of that.

    Absolutely nothing is being done at the moment for the domestic economy, indeed August has been the worst month to date for company insolvencies. The SME’s, the domestic economy are dying, but then again they are only with the rest of the little people and are well below the concern of FG/FF. Always have been, always will be.

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    Mute Adam Magari
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    Sep 1st 2011, 1:02 PM

    What kind of salaries are ESRI academics on? Wasn’t it one of the cheerleaders of a ‘soft landing’? More calls for a tow from the Titanic.

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