Foodworks USA, Inc. v. Foodworks of Arlington Heights, LLC, No. 10 C 1020, Slip Op. (N.D. Ill. Mar. 19, 2015) (Rowland, Mag. J.).

Magistrate Judge Rowland denied defendant’s motion to reconsider the Court’s prior denial in part of a motion for judgment on damages in this Lanham Act case regarding FUEGO marks.

However defendant styled its damages claim, it sought trademark licensing proceeds. Trademarks are not proper subjects of Illinois conversion claims, nor are general funds from trademark licensing.

Defendant’s fraud on the Trademark Office claims were not sufficiently pled because the counterclaim did not plead how the allegedly fraudulent trademark registration caused anyone to license from plaintiff. And the damages now sought – plaintiff’s licensing fees – were not requested until this motion. A motion for reconsideration is too late to identify new damages theories.