Black & Decker Corp. v. Positec USA Inc., No. 11 C 5426, Slip Op. (N.D. Ill. Aug. 5, 2015) (Dow, J.).

Judge Dow denied defendant’s motion to strike plaintiff Black & Decker’s (“B&D”) jury demand as to their Lanham Act claim for defendant’s profits.

While the Lanham Act suggested the possibility of a jury decision, it was not decisive. And the Supreme Court’s Dairy Queen decision was supportive of the Court’s reasoning.

The Seventh Circuit case law supported the broadest interpretation of a jury right – a plaintiff has a right to a jury when it demands defendant’s profits as damages. The Seventh Circuit has held that a jury award of profits was “appropriate under deterrence or unjust enrichment theor[ies].”