Tracking Northern District of Illinois IP Cases
Seven Oaks Millwork Inc. d/b/a Royal Corinthian v. Royal Foam US, LLC, No. 19 C 6234, Slip Op. (N.D. Ill. Dec. 13, 2019) (Kocoras, J.).
Judge Kocoras granted defendants’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction and denied as moot defendants’ Fed. R. Civ. P. 12(b)(6) motion to…
TWD, LLC v. Grunt Style LLC, No. 18 C 7695, Slip Op. (N.D. Ill. Oct. 23, 2019) (Kocoras, J.).
Judge Kocoras granted in part defendant-counterclaimant Grunt Style’s Fed. R. Civ. P. 12(c) motion for judgment on the pleadings and granted Grunt Style’s Fed. R. Civ. P. 12(f) motion to strike plaintiff-counterdefendant TWD’s affirmative defenses…
Grecia v. True Value Co., No. 18 C 1886, Slip Op. (N.D. Ill. Aug. 9, 2018) (Kocoras, J.).
Judge Kocoras granted defendant True Value’s Fed. R. Civ. P. 12(b)(6) motion to dismiss and dismissed plaintiff Grecia’s patent complaint in this patent dispute involving point of sale terminals. While the Court was “skeptical” that Grecia’…
Allied Van Lines, Inc. v. iMove, Inc., No. 17 C 8021, Slip Op. (N.D. Ill. Jan. 25, 2018) (Kocoras, J.).
Judge Kocoras granted plaintiff Allied Van Lines’ Fed. R. Civ. P. 55(b)(2) motion for entry of default judgment against defendant iMove in this Lanham Act and Anticybersquatting Consumer Protection Act (“ACPA”) case regarding Allied…
Live Face on Web, LLC v. KAM Dev., L.L.C. d/b/a Green Energy Air Sealing, No. 16 C 8604, Slip Op. (N.D. Ill. Dec. 20, 2016) (Kocoras, J.).
Judge Kocoras granted in part with leave to replead defendant’s Fed. R. Civ. P. 12 (b)(6) motion to dismiss in this copyright dispute involving plaintiff Live Face…
Valtech, LLC v. 18th Ave. Toys, Ltd., No 14 C 134, Slip Op. (N.D. Ill. Feb. 12, 2015) (Kocoras, J.).
Judge Kocoras denied defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction or to transfer to the E.D. New York — this Lanham Act trade dress case involving packaging…
Box Acquisitions, LLC d/b/a Box Partners, LLC v. Box Packaging Prods., LLC, No. 12 C 4021, Slip Op. (N.D. Ill. Mar. 26, 2014) (Kocoras, J.).
The Court granted summary judgment for defendant in this Lanham Act case involving alleged trademark infringement regarding plaintiff’s BOX PACKAGING trademarks. The “key issue” was whether BOX PACKAGING was …
Snap-On Inc. v. Robert Bosch, LLC, No. 09 C 06914, Slip Op. (N.D. Ill. Sept. 26, 2013) (Kocoras, J.).
Judge Kocoras denied defendant Beissbarth’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this patent infringement case involving patents relating to an optical wheel alignment system. Plaintiff asserted jurisdiction …
Snap-On Inc. v. Robert Bosch, LLC, No. 09 C 6914, Slip Op. (N.D. Ill. July 11, 2012) (Kocoras, J.).
Judge Kocoras denied defendants’ Beissbarth GmbH (“Beissbarth”) and Robert Bosch, GmbH’s (“Bosch Germany”) (collectively “German Defendants”) Fed. R. Civ. P. 12(b)(6) motion to dismiss. As an initial matter, the court denied plaintiff Snap-On’s argument that …
Schrock v. Learning Curve Int’l, Inc., No. 04 C 6927, Slip Op. (N.D. Ill. Sep. 29, 2010) (Kocoras, J.)
Judge Kocoras denied defendant’s Fed. R. Civ. P. 12(b)(1) motion to dismiss for lack of subject matter jurisdiction and Rule 56 motion for summary judgment in this copyright and contract dispute involving photographs of Thomas & Friends characters – trains from the island of Sodor well-known to those like me with young children.
First, plaintiff’s claims sounded in copyright regardless of whether the Court used the “face of the complaint” test or the “principal and controlling issue” test both of which have been used by the Seventh Circuit. The complaint and the issues expressed in it made clear that copyrights were at the heart of the dispute. The Complaint alleged that plaintiff authored photographs and copyrighted them, entered an agreement with defendants, and that defendant’s use of the photographs violated the agreement.
Second, the Court denied summary judgment as to the contract claim because there was a question of material fact as to whether a binding agreement was formed between the parties and the Court held that in the event the trier of fact determined a valid contract exists, the agreement was not barred by the statute of frauds because plaintiff had fully performed his obligations pursuant to the agreement.
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