Supreme Court Finds Trademark Infringement Plaintiff’s Broad Covenant Not to Sue Moots Invalidity Counterclaim

SUMMARY. The United States Supreme Court recently held that a trademark infringement plaintiff’s broadly worded covenant not to sue, issued after its competitor brought an invalidity counterclaim, mooted the counterclaim under the voluntary cessation doctrine. The Court found that the covenant was so broad that neither the Court nor, apparently, the defendant, could conceive of a product that would infringe the trademark yet not fall within the covenant. It therefore affirmed the District Court’s dismissal of the invalidity counterclaim.

J. Thomas Vitt
Partner
Minneapolis

Mariah Reynolds
Associate
Minneapolis

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