Free Green Can, LLC v. Green Recycling Enterprs., LLC, No. 10 C 5764, Slip Op. (N.D. Ill. June 20, 2011) (Coleman, J.).

Judge Coleman granted the individual defendant Menas’ motion to dismiss the counterclaims against him and granted in part defendant Green Recycling Enterprises’ ("GRE") motion to dismiss plaintiffs’ (collectively "FGC") counterclaim in this trademark case regarding recycling can systems with integral advertising.

The Court’s significant holdings included: 

  • GRE did not plead sufficient facts showing Menas was PGC’s alter ego that would warrant piercing the corporate veil. GRE only pled that Menas made significant investment in FGC and that Menas directed FGC without any factual support or detail.
  • GRE’s deceptive trade practices act claims were all based upon actions taken before Menas invested. So, Menas could not be liable for them. 

The holdings with respect to FGC’s motion were all related to Nebraska causes of action. So, I am not addressing them here.