Bodum USA, Inc. v. A Top Casting Inc., No. 16 C 2916, Slip Op. (N.D. Ill. Aug. 23, 2016) (Kennelly, J.).
Judge Kennelly granted plaintiff Bodum’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant A Top Casting’s declaratory judgment counterclaims in this trade dress dispute involving French press coffeemakers.
A Top Casting’s counterclaims sought declarations of noninfringement, invalidity or unenforceability of Bodum’s trade dress. Holding that the counterclaims were mirror images of Bodum’s claims which did not add to the case, the Court dismissed them as “add[ing] nothing to the case.” To the extent the claims were directed at allowing A Top Casting to make future products using the trade dress, even if Bodum’s claims were decided on noninfringement of A Top Casting’s accused products, they sought an improper advisory opinion.