Morningware, Inc. v. Hearthware Home Prods., Inc., No. 09 C 4348, Slip Op. (N.D. Ill. Sep. 4, 2012) (St. Eve, J.).
Judge St. Eve granted in part plaintiff Morningware’s motion for summary judgment as to defendant Hearthware’s Deceptive Trade Practices Act, Lanham Act and related state law counterclaims.
As an initial matter, the parties’ Local Rule 56.1 statements of fact were deficient in numerous ways:
- Many of both parties’ statements were not properly supported with admissible evidence or contained legal argument instead of factual statements. Any such “facts” were not deemed true.
- The parties appeared to copy and past portions of their briefs into their Local Rule 56.1 statements. That practice was not helpful to the Court.
These deficiencies resulted in a “very brief” recitation of uncontested facts.
Lanham Act False Representation & False Advertising
There were questions of fact as to each of Morningware’s alleged false representations of fact, in particular whether certain statements were false or misleading. As such, summary judgment was not proper.
Deceptive Trade Practices Act
Hearthware’s Deceptive Trade Practices Act claim was based upon the same conduct as in its Lanham Act claim. As such, summary judgment was denied for the same reason.
Common Law Misappropriation
Hearthware’s common law misappropriation claim was based upon allegations that Morningware’s infomercial was designed to mimic Hearthware’s infomercial. This claim was preempted by the Copyright Act. The infomercial was copyrightable and the misappropriation claim amounted to a claim of copying, which is actionable pursuant to the Copyright Act. The Court, therefore, granted Morningware summary judgment on this claim.