Ashley Furniture Indus., Inc. v. Value City Furniture, Inc., No. 10 C 5413, Slip Op. (N.D. Ill. Sep. 27, 2010) (Shadur, Sen. J.).
Nothing that his opinion was styled "Memorandum" and not "Memorandum Order," Judge Shadur questioned the viability of plaintiff Ashley Furniture’s trademark infringement, false designation of origin and dilution claims. The Court opined that "no rational reader" could find that defendant Value City’s accused advertising violated Ashley Furniture’s trademarks or that Value City’s "accurate" use of Ashley Marks’ infringed the marks. The Court, however, did not strike the claims sua sponte. The Court also noted that, even if the "troublesome" claims were eliminated, Ashley Furniture’s Lanham Act unfair competition claims would still survive.