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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Motion to Dismiss Conflicting With Service Affidavit Raises “Red Flag”

Posted in Jurisdiction

Pyramid Packaging, Inc. v. Pyramid Packaging, LLC, No. 12 C 4420, Slip Op. (N.D. Ill. Jul. 20, 2012) (Shadur, Sen. J.).

Judge Shadur sua sponte raised several issues with defendant’s motion to dismiss in this trademark case.  Defendant’s counsel claimed that service was delayed and made upon the wrong entity.  But plaintiff’s sworn service affidavit “flatly refuted” those claims.  These and other issues would be discussed at the hearing on defendant’s motion.