May 6, 2026·25-1709·Panel Decision·By Maria Santos
The United States Court of Appeals for the Federal Circuit dismissed an appeal between Nike and Lululemon by mutual agreement. The court ordered that each party shall bear its own costs.
This appeal originated from the United States District Court for the Southern District of New York in case number one, two-three-cv-zero-zero-seven-seven-one-A-S, before Judge Arun S. Subramanian. The parties, Nike, Inc. and Lululemon USA Inc., agreed to dismiss the proceeding.
The court’s reasoning
The court issued a nonprecedential order stating that the parties having so agreed, the proceeding is dismissed under Federal Rule of Appellate Procedure forty-two, subsection b.
What it means going forward
The appeal is terminated without a decision on the merits, and the parties retain their respective costs.
