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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Passing Off Claims Preempted by Copyright Claims

Posted in Jurisdiction

Cyber Websmith v. Am. Dental Assoc., No. 09 C 6198, Slip Op. (N.D. Ill. Aug. 4, 2010) (Dow, J.).

Judge Dow granted defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s Lanham Act and Illinois Deceptive Trade Practices Act claims. Both were essentially reverse passing off claims – defendants allegedly represented plaintiff’s website templates as their own. And reverse passing off claims based upon copyrighted works rarely survive preemption claims. Pleading consumer confusion was not enough to avoid preemption in this case.