Black & Decker Corp. v. Positec USA Inc., No. 11 C 5426, Slip Op. (N.D. Ill. Aug. 5, 2015) (Dow, J.).

Judge Dow denied defendant’s motion to strike plaintiff Black & Decker’s (“B&D”) jury demand as to their Lanham Act claim for defendant’s profits.

While the Lanham Act suggested the possibility of a jury

Black & Decker v. Positec USA, Inc., No. 11 C 5426, Slip Op. (N.D. Ill. Oct. 5, 2015) (Dow, J.).

Judge Dow entered the jury verdict in this Lanham Act case involving plaintiff’s (collectively “Black & Decker”) black and yellow Dewalt color scheme. The jury found as follows:

  • Defendants Positec and R W Direct