Gabbanelli Accordions & Imports, L.L.C. v. Italo-Am. Accordion Manufacturing Co., No. 02 C 4048, 2007 WL 465423 (N.D. Ill. Feb. 6, 2007) (Zagel, J.).
Judge Zagel held that the Court had jurisdiction over plaintiff’s trademark infringement action and ordered defendant to respond to plaintiff’s summary judgment motion on the merits of the case. In October 2002, the Court stayed the case pending resolution of contractual disputes related to ownership of the marks at issue in an Italian court. The Court lifted the stay in May 2005. Plaintiff distributed defendant’s accordions in the United States. In 1997, Plaintiff registered the mark at issue, which defendant claims to own. While the contract at issue in the Italian court may play a role in determining ownership of the mark, the Court held that if plaintiff can prove ownership of the mark prior to the Agreement, then the Court can exercise jurisdiction and resolve the trademark infringement dispute.