Aller-Caire, Inc. v. Am. Textile Co., No. 07 C 4086, Slip Op. (N.D. Ill. Feb. 11, 2009) (Andersen, J.).

Judge Andersen granted in part plaintiff’s motion to strike certain of defendant’s affirmative defenses in this trademark and unfair competition case.  Defendant’s competitor’s privilege defense was sufficiently pled, although it alleged no specific facts, because it put plaintiff on notice.  Plaintiff knew that the parties were the competitors.  The Court struck the remaining two affirmative defenses:  1) plaintiff’s damages were not the proximate result of defendant’s alleged acts; and 2) a reservation of rights to amend the defenses.  Neither were affirmative defenses and, therefore, could not be properly pled.