Valtech, LLC v. 18th Ave. Toys, Ltd., No 14 C 134, Slip Op. (N.D. Ill. Feb. 12, 2015) (Kocoras, J.).

Judge Kocoras denied defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction or to transfer to the E.D. New York — this Lanham Act trade dress case involving packaging for magnetic, plastic blocks.

Plaintiff did not allege general jurisdiction, only specific jurisdiction based upon sales of accrued products into Illinois.  The Court held as follows:

  • Although defendant’s sales to Illinois were “very minimal,” they still sold accused product in the state.
  • Defendants “aimed” their accused products at all fifty states via the Internet.
  • Illinois had a substantial interest in providing a forum for its residents, such as Valtech, to seek redress.
  • Defendants failed to show that the E.D. New York was clearly more convenient than the N.D. Illinois.
  • The public interest factors were neutral.