already llc dba yums nike argued november decided january nike filed suit alleging two already athletic shoes violated nike air force trademark already denied allegations filed counterclaim challenging validity nike air force trademark suit pending nike issued covenant sue promising raise trademark unfair competition claims already affiliated entity based already existing footwear designs future already designs constituted colorable imitation already current products nike moved dismiss claims prejudice dismiss already counterclaim without prejudice ground covenant extinguished case controversy already opposed dismissal counterclaim contending nike established covenant mooted case support already presented affidavit president stating already planned introduce new versions lines market affidavits three potential investors asserting consider investing already nike trademark invalidated affidavit already executive stating nike intimidated retailers refusing carry already shoes district dismissed already counterclaim concluding longer justiciable controversy second circuit affirmed explained covenant broadly drafted conceive shoe infringe nike trademark yet fall within covenant already asserted intent market shoe held case moot pp case becomes moot therefore longer case controversy article iii purposes issues presented longer parties lack legally cognizable interest outcome murphy hunt defendant however automatically moot case simply ending unlawful conduct sued city mesquite aladdin castle instead defendant claiming voluntary compliance moots case bears formidable burden showing absolutely clear allegedly wrongful behavior reasonably expected recur friends earth laidlaw environmental services toc pp nike burden show reasonably expected resume enforcement efforts already voluntary cessation doctrine disavowed deakins monaghan employed precisely analysis test requires finding case moot challenged action pursuing claim resumed subsequent action entirely similar claim arise future pp application voluntary cessation doctrine shows case moot pp breadth covenant suffices meet burden imposed doctrine covenant unconditional irrevocable prohibits nike filing suit making claim demand protects already already distributors customers covers current previous designs also colorable imitations nike demonstrated covenant encompasses already allegedly unlawful conduct became incumbent already indicate engages sufficiently concrete plans engage activities arguably infringe nike trademark yet covered covenant already failed courts case thus moot challenged conduct reasonably expected recur cardinal chemical morton altvater freeman distinguished pp already alternative theories article iii injuries save case mootness none injuries suffices support article iii standing first place already argues long nike free assert trademark investors hesitate invest already absolutely clear challenged conduct reasonably expected recur friends earth supra fact individuals may base decisions conjectural hypothetical speculation give rise sort concrete actual injury necessary establish article iii standing lujan defenders wildlife already worries retailers even plaintiff may bring invalidity claim based reasonable expectation trademark holder take action plaintiff retailers covenant extends protection already distributors customers already also complains nike decision sue first place led already fear another suit since nike met burden demonstrate reasonable risk suit concern unfounded already falls back sweeping argument one nike competitors inherently standing covenant eradicate effects registered invalid trademark logical conclusion theory seems market participant injured article iii purposes whenever competitor benefits something allegedly unlawful trademark awarding contract never accepted boundless theory standing already policy objection dismissing case allows nike bully small innovators support adoption broad theory granting covenants sue may risky strategy trademark holder accepting already theory may benefit small competitor case also lowers gates larger companies resources may challenge intellectual property portfolios humble rivals simply competitors market encourage parties employ litigation weapon competitors rather last resort settling disputes pp purpose served remanding case already every opportunity incentive submit evidence proceedings refused every stage proceedings suggest plans design shoe violates air force trademark yet falls outside covenant courts expressly invoke voluntary cessation standard analysis addressed questions addresses standard pp affirmed roberts delivered opinion unanimous kennedy filed concurring opinion thomas alito sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press already llc dba yums petitioner nike writ certiorari appeals second circuit january chief justice roberts delivered opinion question whether covenant enforce trademark competitor existing products future colorable imitations moots competitor action trademark declared invalid respondent nike designs manufactures sells athletic footwear including line shoes known air force petitioner already also designs markets athletic footwear including shoe lines known sugars soulja boys nike alleging soulja boys infringed diluted air force trademark demanded already cease desist sale shoes already refused nike filed suit federal alleging soulja boys well sugars infringed diluted air force trademark already denied allegations filed counterclaim contending air force trademark invalid march eight months nike filed complaint four months already counterclaimed nike issued covenant sue preamble stated already actions longer infringe dilute nike mark level sufficient warrant substantial time expense continued litigation app covenant promised nike raise already affiliated entity trademark unfair competition claim based already existing footwear designs future already designs constituted colorable imitation already current products issuing covenant nike moved dismiss claims prejudice dismiss already invalidity counterclaim without prejudice ground covenant extinguished case controversy already opposed dismissal counterclaim arguing nike established voluntary cessation mooted case support already presented affidavit president stating already plans introduce new versions shoe lines market affidavits three potential investors asserting consider investing already nike trademark invalidated affidavit one already executives stating nike intimidated retailers refusing carry already shoes district dismissed already counterclaim stating already sought invoke declaratory judgment jurisdiction bears burden demonstrating subject matter jurisdiction counterclaim civ sdny app pet cert read covenant broad ly concluding already future products arguably infringed nike mark imitations already current footwear therefore protected covenant finding evidence already sought develop shoes covered covenant held longer substantial controversy sufficient immediacy reality warrant issuance declaratory judgment quoting medimmune genentech internal quotation marks omitted second circuit affirmed held determining whether covenant sue eliminates justiciable case controversy courts look totality circumstances including language covenant whether covenant covers future well past activity products evidence intention part party asserting jurisdiction engage conduct covered covenant omitted noting covenant covers past sales future sales existing products colorable imitations second circuit found hard conceive shoe infringe air force trademark yet fall within covenant given already ha asserted intention market shoe concluded already show continuing injury therefore justiciable controversy remained ibid granted certiorari ii article iii constitution grants judicial branch authority adjudicate cases controversies system government courts business deciding legal disputes expounding law absence case controversy daimlerchrysler cuno limitation requires invoke power federal demonstrate standing personal injury fairly traceable defendant allegedly unlawful conduct likely redressed requested relief allen wright repeatedly held actual controversy must exist time complaint filed stages litigation alvarez smith internal quotation marks omitted arizonans official english arizona qualify case fit adjudication actual controversy must extant stages review merely time complaint quoting preiser newkirk case becomes moot therefore longer case controversy purposes article iii issues presented longer parties lack legally cognizable interest outcome murphy hunt per curiam internal quotation marks omitted matter vehemently parties continue dispute lawfulness conduct precipitated lawsuit case moot dispute longer embedded actual controversy plaintiffs particular legal rights alvarez supra recognized however defendant automatically moot case simply ending unlawful conduct sued city mesquite aladdin castle otherwise defendant engage unlawful conduct stop sued case declared moot pick left repeating cycle achieves unlawful ends given concern cases explained defendant claiming voluntary compliance moots case bears formidable burden showing absolutely clear allegedly wrongful behavior reasonably expected recur friends earth laidlaw environmental services toc iii outset litigation parties standing pursue competing claims nike standing sue already activity allegedly infringing rights trademark law already standing file counterclaim nike allegedly pressing invalid trademark halt already legitimate business activity see medimmune supra genuine threat enforcement intellectual property rights inhibits commercial activity may support standing nike dismissed claims prejudice issued covenant calling question existence continuing case controversy precedents nike burden show reasonably expected resume enforcement efforts already friends earth supra nike makes halfhearted effort avoid test relying deakins monaghan argues defendant makes judicially enforceable commitment avoid conduct forms basis article iii controversy reason apply special rule premised defendant unfettered ability old ways brief respondent nike reliance deakins misplaced deakins disavow voluntary cessation doctrine employed precisely analysis required test found case moot challenged action pursuing claim resumed subsequent action entirely speculative similar claim arise future internal quotation marks omitted distinguished situation one defendant free return old ways ibid internal quotation marks omitted question voluntary cessation doctrine poses allegedly wrongful behavior reasonably expected recur nike avoid formidable burden assuming answer question friends earth supra iv determined voluntary cessation doctrine applies begin analysis terms covenant nike unconditionally irrevocably covenants refrain making claim demand already related business entities including distributors employees entities customers account possible cause action based involving trademark infringement unfair competition dilution state federal law relating nike mark based appearance already current previous footwear product designs colorable imitations thereof regardless whether footwear produced otherwise used commerce effective date covenant app emphasis added breadth covenant suffices meet burden imposed voluntary cessation test covenant unconditional irrevocable beyond simply prohibiting nike filing suit prohibits nike making claim demand reaches beyond already protect already distributors customers covers current previous designs colorable imitations addition nike originally argued sugars soulja boys infringed trademark words nike believed shoes colorable imitations air force see trademark act lanham act stat amended nike covenant allows already produce existing footwear designs including sugar soulja boy colorable imitation designs agree appeals hard imagine scenario potentially infringe nike trademark yet fall covenant nike taken position prospect shoe hard pressed assert contrary road see new hampshire maine party assumes certain position legal proceeding succeeds maintaining position may thereafter simply interests changed assume contrary position especially prejudice party acquiesced position formerly taken quoting davis wakelee shoe exists parties pointed evidence already dreamt conceive sits far tell shelf dorothy ruby slippers perseus winged sandals given nike demonstration covenant encompasses allegedly unlawful conduct incumbent already indicate engages sufficiently concrete plans engage activities covered covenant information already business activities plans uniquely within possession case moot considering covenant language plaintiff anticipated future activities satisfied absolutely clear allegedly unlawful activity reasonably expected recur given opportunity district already assert intent design market shoe expose prospect infringement liability see app pet cert finding indication intent noting absence record evidence already intends make arguably infringing shoe unambiguously covered covenant affidavit submitted district question president saying little already currently plans introduce new shoe lines make modifications existing shoe lines never stated shoes arguably infringe nike trademark yet fall outside scope covenant appeal second circuit failed even counsel already asked oral argument whether client intention design market shoe even arguably fall outside covenant tr oral arg given covenant broad language given already asserted concrete plans engage conduct covered covenant conclude case moot challenged conduct reasonably expected recur authorities already relies point cardinal chemical morton affirmed unremarkable proposition decision rely one two possible alternative grounds noninfringement rather invalidity strip power decide second question particularly decree subject review essence jurisdiction review case decides issue two independent grounds first half opinion moot second half vice versa issue whether district jurisdiction consider claim first place case also unlike altvater freeman patent holders brought suit licensees specific performance license licensees counterclaimed seeking declaratory judgment patents invalid appeals finding license longer force devices issue infringe dismissed licensees counterclaim moot reversed finding controversy still live licensees continued manufactur sell additional articles claimed fall patents patent holders continued demand royalties products course whole point already free sell shoes without fear trademark claim already argues however alternative theories article iii injuries save case mootness first argues long nike remains free assert trademark investors apprehensive investing already second argues given nike decision sue first place nike trademarks hang already operations like damoclean sword finally relatedly already argues one nike competitors inherently standing challenge nike intellectual property problem already none injuries suffices support article iii standing although voluntary cessation standard requires defendant show challenged behavior reasonably expected recur never held doctrine imposing burden defendant allows plaintiff rely theories article iii injury fail establish standing first place begin already argument nike trademark registration gives false color state federal trademark claims expose already business substantial unpredictable risks deterring investors brief petitioner demonstrate already presented affidavits potential investors stating nike lawsuit dissuaded investing already prompted withdraw prior investments consider investing already nike trademark struck app pet cert already argues like plaintiffs village euclid ambler realty standing challenge ordinance reduced property value already standing challenge trademark mere existence hampers ability attract capital absolutely clear challenged conduct reasonably expected recur friends earth fact individuals may base decisions conjectural hypothetical speculation give rise sort concrete actual injury necessary establish article iii standing lujan defenders wildlife internal quotation marks omitted euclid reasoned assuming merits plaintiff claim ordinance effect constitutes present invasion plaintiff property rights present invasion fact covenant promising invasion addition unlike plaintiffs euclid already claim nike air force infringes property rights already also pointed affidavit vice president stating nike suggested already retailers refrain carrying already shoes lest nike cancel account take actions retailer delay shipment retailer nike order retailer nike order app even plaintiff may bring invalidity claim based reasonable expectation trademark holder take action plaintiff retailers covenant extends protection already distributors customers even nike engaging harassment unfair trade practices already explained invalidating nike trademark anything stop already also complains longer blithely go shoe business risk sued reply brief counsel told us oral argument bitten twice shy tr oral arg never held plaintiff standing pursue declaratory relief merely basis bitten quite opposite see los angeles lyons holding justiciable controversy plaintiff subjected chokehold given conclusion nike met burden demonstrating reasonable risk already sued reason already shy one nike competitors judicially enforceable covenant protecting litigation relating air force trademark insofar injury threat air force trademark litigation already nike least injured competitor already falls back sweeping argument context registered trademarks covenant matter broad eradicate effects registered invalid trademark brief petitioner according already allowing nike unilaterally moot case subverts important role federal courts play administration federal patent trademark law allows companies like nike register brandish invalid trademarks intimidate smaller competitors avoiding judicial review issuing covenants rare case little guy fights back already amici thus contend already company engaged business designing marketing athletic shoes standing challenge nike trademark see see also brief intellectual property professors amici curiae suggesting standing extends participants field brief public patent foundation amici curiae public standing challenge validity issued patent registered trademark approach nike need even threatened sue first already even plans make anything resembling air force sue invalidate trademark simply already nike compete athletic footwear market taken logical conclusion theory seems market participant injured article iii purposes whenever competitor benefits something allegedly unlawful whether trademark awarding contract arrangement never accepted boundless theory standing cases already cites remarkable proposition stand thing cases standing based injury particularized concrete mere assertion something unlawful benefited plaintiff competitor northeastern chapter associated gen contractors america jacksonville super tire engineering mccorkle already arguments boil basic policy objection dismissing case allows nike bully small innovators lawfully operating public domain concern compel us adopt already broad theory standing first granting covenants sue may risky strategy trademark holder see mccarthy trademarks unfair competition ed ncontrolled licensing result loss significance trademark federal registration cancelled sun banks sun fed sav loan finding extensive use mark impressive evidence likelihood confusion addition lanham act provides check abusive litigation practices providing award attorney fees exceptional cases gwaltney smithfield chesapeake bay foundation explaining award litigation costs protect suddenly repentant defendant accepting already theory may benefit small competitor case lowering gates one party lowers gates result larger companies resources standing challenge intellectual property portfolios humble rivals threatened particular patent trademark simply competitors market encourage parties employ litigation weapon competitors rather last resort settling disputes already legally cognizable injury fact nike took steps enforce trademark gone given breadth covenant reasonably expected recur basis find live controversy case clearly moot solicitor general asks us remand case proceedings parties develop record scope covenant petitioner business activities courts apply proper standard record brief amicus curiae remand serve purpose scope covenant clear already argument covenant drafted broadly instead covenant ever see tr oral arg business activities plain already said say district held hearing whether case mooted covenant every stage proceedings thereafter already steadfastly refused suggest plans create arguably infringing shoe unambiguously fall within scope covenant despite every incentive opportunity invitation noted district expressly found indication already plans app pet cert already never challenged finding challenge finding appeal second circuit even though significance clear appeals expressly found already asserted intention market shoe already declined challenge conclusions us despite questions bench addressing particular issue tr oral arg courts expressly invoke voluntary cessation standard articulated cases analysis opinions addressed questions addressed today standard determining case moot relied breadth covenant absence indication already produce infringing shoe district explained hether covenant sue divest trial jurisdiction depends covered covenant app pet cert internal quotation marks omitted read covenant broadly found indication already forthcoming models extend beyond broad language even concluded already perspective little difference invalidating trademark scope protection already afforded covenant likewise appeals asked whether covenant covers future well past activity products inquired evidence intention lack intention part party asserting jurisdiction engage new activity develop new potentially infringing products arguably covered covenant concluded breadth covenant renders threat litigation remote nonexistent envision shoe within nike trademark yet protected covenant noting already asserted intention market shoe circumstances remand serve purpose appliances seb slip announcing new standard directly applying standard affirm jury verdict thornburg gingles announcing applying new standard uncontested findings made district confirmed second circuit make absolutely clear case moot judgment appeals affirmed ordered kennedy concurring already llc dba yums petitioner nike writ certiorari appeals second circuit january justice kennedy justice thomas justice alito justice sotomayor join concurring holds precedents instruct respondent nike invoked covenant sue show case moot burden establish proposition burden already show justiciable controversy remains voluntary cessation doctrine nike bears formidable burden showing absolutely clear allegedly wrongful behavior reasonably expected recur friends earth laidlaw environmental services toc circumstances nike must demonstrate covenant sue sufficient breadth force already reasonable anticipation future trademark infringement claim nike district appeals issued rulings erroneous premise already make relevant showing imposed burden establish certain proposition wrong party remand reviewing often appropriate determine whether outcome different proper rule applied however concludes case must deemed moot events based terms scope covenant already seeming insistence matter might worded covenant drawn trademark holder moot case brief petitioner tr oral arg reasons goes far already appears also need determine whether real produce new product first colorable imitation existing product line might thought infringe nike trademark brief separate concurrence written underscore covenants like one nike filed taken automatic means party first charged competitor trademark infringement suddenly abandon suit without incurring risk ensuing adverse adjudication courts well aware charges trademark infringement disruptive good business relations manufacturer alleged infringer retailers investors mere pendency litigation mean actors marketplace may reluctant future dealings alleged infringer nike appears well aware dynamic case referring already stated one point ver past eight months nike cleared worst offending infringers already remains one last companies identified top ten list infringers app demonstrated reluctance investors distributors retailers maintain good relations alleged infringer might appropriate case indication market anticipates new line products outside covenant sue yet still within zone alleged infringement noted outset trademark holder burden show case burden alleged infringer prove covenant sue inadequate protect current future products trademark enforcement action later cases careful consideration must given consequences using covenant sue basis motion dismiss moot holder alleged trademark commence suit competitor midcourse file covenant sue require competitor business network engage costly satellite proceedings demonstrate future production sales might still compromised seem trademark holder burden show case moot may fall well short formidable suit trademark holder initiated later seeks moot may still cause disruption costs competition formidable burden show case moot require trademark holder outset make substantial showing business competitor supply network disrupted weakened satellite litigation mootness threat latent terms covenant unfair allow party commences suit use delivery covenant sue force competitor expose future business plans otherwise disadvantage competitor business network aid deeming moot suit trademark holder chose initiate relatively cases discussed meaning effect covenants sue context ongoing litigation see revolution eyewear aspex eyewear ca fed pharmaceutical forest ca fed courts proceed caution ruling used terminate litigation insistence proper allocation formidable burden party asserting mootness one way ensure covenants automatic mechanisms trademark holders use courts intimidate competitors without time assuming risk trademark found invalid unenforceable still may doubts nike showing suffice circumstances already litigation stance seem made proceedings mootness issue unnecessary addition notes future trademark proceeding nike bound lower courts broad reading particular covenant thus barring suit already shoe exact copy counterfeit version air force shoe see ante citing new hampshire maine observations join opinion judgment footnotes nike acknowledged already manufacture exact copy air force shoe nike claim covenant permits infringement suit ground counterfeit differs colorable imitation lanham act already however never asserted intent make counterfeit air force ibid moreover counterfeit presumably include nike swoosh independently registered trademark issue invalidating air force trademark may sufficient allow already proceed make counterfeits see defining counterfeit spurious mark identical substantially indistinguishable registered mark