Illinois Federal Judge Dismisses Counterclaim Asserting Trade Dress Unenforceability
(August 23, 2016, 10:15 AM EDT) -- CHICAGO — A trade dress infringement defendant’s request for declarations of trade dress noninfringement, invalidity and unenforceability was turned away Aug. 22 by an Illinois federal judge, who concluded that the defendant “is essentially seeking an inappropriate advisory opinion” that would do nothing to resolve the parties’ dispute (Bodum USA Inc. v. A Top New Casting Inc., No. 16-2916, N.D. Ill.; 2016 U.S. Dist. LEXIS 111153).
(Decision available. Document #16-160906-013Z.)
According to U.S. Judge Matthew F. Kennelly of the Northern District of Illinois, the counterclaims by...