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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Tag Archives: Consent Order

Inadvertent Use of Mark Violates Consent Order

Posted in Trial

Gaither Tool Co. v. Summit Tool Co., No. 01 C 4096, Slip Op. (N.D. Ill. Sep. 5, 2012) (Bucklo, J.).

Judge Bucklo granted plaintiff Gaither Tool’s motion to enforce the parties’ Consent Order which required that defendant Summit Tool not use the trademark BEAD KEEPER.  Summit Tool acknowledged use of the mark, but argued it was inadvertent and that Summit Tool ceased use of BEAD KEEPER as soon as Gaither Tool put Summit Tool on notice of the use.  The Court held that the use was not inadvertent because Summit Tool offered no evidence that it employed any precautions to make sure it complied with the Consent Order.