Turtle Wax, Inc. v. First Brands Corp.

MEMORANDUM OPINION AND ORDER

ILANA DIAMOND ROYNER, District Judge.

I. INTRODUCTION

This is an action brought by plaintiff Turtle Wax, Inc. (“Turtle Wax”) against its competitor First Brands Corporation (“First Brands”) for trade dress infringement pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), the Illinois Deceptive Trade Practices Act, Ill.Rev.Stat. ch. 121V2, ¶¶ 312 et seq., the Illinois Consumer Fraud and Deceptive Business Practices Act, Ill.Rev.Stat. ch. 121V2, ¶¶ 261 et seq., and the Illinois common law of unfair competition and trademark infringement. At issue are the trade…