Coleman

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Sage Prods, Inc. v. Primo, Inc., No. 12 C 3620, Slip Op. (N.D. Ill. Mar. 5, 2013) (Coleman, J.).

Judge Coleman granted defendant Primo’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this trade dress case involving a boot designed to cushion and prevent heel ulcers.  Primo did …

Addiction & Detoxification Institute, LLC v. Rapid Drug Detox Center, No. 11 C 7992, Slip Op. (N.D. Ill. Mar. 11, 2013) (Coleman, J.).

Judge Coleman granted defendant Rapid Detox’s 28 U.S.C. § 1404(a) motion to transfer this patent infringement case to the Eastern District of Michigan.  While Rapid Detox had a website and had …

Trading Techs. Int’l., v. CQG, No. 05 C 4811, Slip Op. (N.D. Ill. Oct. 31, 2012) (Coleman, J.).

Judge Coleman granted in part plaintiff Trading Technologies’ (“TT”) Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant CQG’s affirmative defenses and declaratory judgment counterclaim.  The Court dismissed CQG’s bare-bones defenses which stated in their entirety:…

Radiation Stabilization Sol’ns LLC v. Accuray Inc., No. 11 C 7700, Slip Op. (N.D. Ill. Aug. 21, 2012) (Coleman, J.).

Judge Coleman granted in part defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Radiation Stabilization Solutions’ (“RSS”) claims in this patent infringement suit regarding technology for stabilizing irradiated targets.  While defendant Cancer …

Addition & Detoxification Institute, LLC v. Rapid Drug Detox Center, No. 11 C 7992, Slip Op. (N.D. Ill. Oct. 11, 2012) (Coleman, J.).

Judge Coleman granted in part plaintiff ADI’s motion to compel limited jurisdictional discovery in this patent case.  ADI’s requests were overly broad and the Court accepted defendant’s declarations, but the Court …

Flava Works, Inc. v. Terry, No. 12 C 1884, Slip Op. (N.D. Ill. Oct. 11, 2012) (Coleman, J.).

Judge Coleman granted defendant’s motion to transfer this copyright and trademark infringement case to the M.D. Florida.  As an initial matter, defendant did not waive the issue of personal jurisdiction because the answer contested it.  While …

Global Total Office Ltd. Partnership v. Global Allies, LLC, No. 10 C 1896, Slip Op. (N.D. Ill. Feb. 14, 2012) (Coleman, J.).

Judge Coleman denied plaintiffs summary judgment as to their Lanham Act infringement, deceptive trade practices and unfair competition claims.  All three required a factual finding of a likelihood of confusion, which the …

Akoo Int’l, Inc. v. Harris, No. 10 C 1685 Slip. Op. (N.D. Ill. Sep. 9, 2011) (Coleman, J.).
Judge Coleman denied plaintiff Akoo International (“AI”) a preliminary injunction to prevent rapper Clifford Harris from using the Akoo mark for his clothing line. The Court held that AI had not shown a sufficient likelihood of confusion:
· AI’s advertising system was very different than Harris’ clothing line.
· The parties sold in different channels.
· There was no evidence that Harris began using the mark to confuse AI’s customers.
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Continue Reading No Injunction Where Products Are Sold in Different Channels

Free Green Can, LLC v. Green Recycling Enterprs., LLC, No. 10 C 5764, Slip Op. (N.D. Ill. June 20, 2011) (Coleman, J.).
Judge Coleman granted the individual defendant Menas’ motion to dismiss the counterclaims against him and granted in part defendant Green Recycling Enterprises’ (“GRE”) motion to dismiss plaintiffs’ (collectively “FGC”) counterclaim in this trademark case regarding recycling can systems with integral advertising.
The Court’s significant holdings included:
GRE did not plead sufficient facts showing Menas was PGC’s alter ego that would warrant piercing the corporate veil. GRE only pled that Menas made significant investment in FGC and that Menas directed FGC without any factual support or detail.
GRE’s deceptive trade practices act claims were all based upon actions taken before Menas invested. So, Menas could not be liable for them.
The holdings with respect to FGC’s motion were all related to Nebraska causes of action. So, I am not addressing them here.
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Continue Reading Base Allegations Do Not Warrant Veil Piercing

Rosenthal Collins Group, LLC v. Trading Techs. Int’l., Inc., No. 05 C 4088, Slip Op. (N.D. Ill. Jul. 19, 2011) (Coleman, J.).
Judge Coleman granted declaratory judgment plaintiff Rosenthal Collins Group’s (“RCG”) motion for protective order and to quash third party subpoenas as to third party CQG. The subpoenas sought information regarding RCG’s use of CQG’s trading software. The Court previously entered judgment against RCE and the only issue left in the case is a January 23, 2012 damages trial. But the judgment and the damages trial were limited to RCG’s use of its software, not other third parties that have not yet been held to infringe, such as CQG’s software.
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Continue Reading Trading Technologies: Court Quashes Subpoena