Legal Opinion
K'S MERCHANDISE MART, INC. v. Kmart Corp.
District Court, C.D. Illinois
Decided January 25, 2000No. 99-2296PublishedCited by 1 opinion
1Opinion of the Court
ORDER
McCUSKEY, District Judge.
On December 1, 1999, Plaintiff K’s Merchandise Mart, Inc. filed a complaint against Defendant Kmart Corporation. In that complaint, Plaintiff alleges that it has protectable trademark rights in the slogan “Changing for the Better Every Day,” and that Defendant has infringed those rights by using a confusingly similar slogan in its advertising campaign.. Based on Defendant’s use of the slogan, Plaintiff alleges trademark infringement under section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)(1)), a violation of the Illinois Uniform Deceptive Trade Practices Act…
2Cases cited34 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
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3Cited by1 opinion
- The Trustees of Purdue University v. Vintage Brand, LLCDistrict Court, N.D. Indiana · 2021