 The complaint involved copyright infringement, trademark infringement and unfair competition.Alleging that the Foundation had earlier claimed it "may" own the design's copyright, the partnership asked the court for a declaratory judgment that the Foundation did not have such rights.In response, the Foundation gave the partnership a "Covenant Not to Sue"—a written and binding promise that, even if the partnership and certain other parties continued to use the design commercially, the Foundation would never invoke its professed copyright ownership against them in court.