In 1982, Nike began selling the Air Force 1 with its signature “swoosh” design. Almost 30 years later, it sued a small sneaker maker in New York federal district court for trademark infringement. During the litigation, Nike promised not to sue for old designs, mostly because its competitor’s shoes were no longer being widely sold and litigation costs had escalated. It was too late. The scrappy newcomer already had counterclaimed, challenging the validity of Nike’s trademark registration. A battle over the extent of that promise, under the guise of procedure, ensues.