Bodum USA, Inc. v. A Top New Casting, Inc., No. 16 C 2916, Slip Op. (N.D. Ill. May 10, 2017) (Kennelly, J.).
Judge Kennelly denied defendant A Top’s motion for summary judgment based upon plaintiff Bodum’s alleged “naked” license to its Chambord french press coffeemaker trade dress.*
Bodum testified that after licensing its Chambord trade dress rights, it performed an initial inspection of the licensee’s facilities and products. Thereafter, it relied upon licensee’s obligation to maintain the initial quality, as well as yearly product inspections at a trade show by Bodum’s outside counsel. Absent proof of a decline in quality, that evidence was enough to avoid summary judgment.
* In the interest of full disclosure, while I was not involved in this case, I have litigated against Bodum numerous times on issues surrounding french presses, as well as issues surrounding Bodum’s Chambord trade dress.