👟 Already Courting Trouble

Nike's litigation offensive shows no sign of slowing as the company requested to block Already LLC's trademark registration of the phrase "Just Sue It". Nike has made the request to the Trademark Trial and Appeal Board based on its own catchphrase "Just Do It" that the brand adopted in 1988. This latest action by Nike is part of a long-running feud between the athleticwear staple and Already LLC.

• Already LLC is the company behind the shoemaker Yums. The brand is relaunching its sneaker line after a previous legal battle with Nike a decade ago.

• "This moment has been a long time coming, and we couldn't be more excited," said Tex Moton, Yum’s founder, reports PRNewsWire.

Supreme Court Showdown

Nike first filed suit against Already in 2009 claiming that their Sugar and Soulja Boys shoes infringed upon the trademark design of Nike's iconic Air Force 1 sneaker. The suit was then met with a countersuit by Already who claimed that a trademark for a product's design rather than a "mark" was not valid, notes JDSupra. Understanding that Already was not a real threat to their business, Nike dropped the suit with a broad covenant saying it promised not to sue the smaller brand. Yet, Already maintained its countersuit and continued to argue that Nike's trademark was invalid. The showdown made its way to the Supreme Court, which ruled unanimously in favor of Nike, but gave the warning "against manipulation of the courts by trademark holders who sue their rivals, then back off to protect their own marks," says SCOTUSBlog.

The Verdict

By jumping back into a fight with Nike, this time over a new piece of IP (the "Just Do It" slogan), already seems to be goading the athleticwear giant into renewed litigation as a means of bolstering its brand. While the SCOTUS slapped Nike on the wrist for "manipulation of the courts" last time, it might be Already who deserves the warning this time.