Imperial Apparel, Ltd. v. Cosmo's Designer Direct, Inc.

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

The plaintiffs, Imperial Apparel, Ltd. (Imperial), Cyril Rosengarten and Paul Rosengarten, appeal from an order of the circuit court dismissing their five-count complaint for failure to state a cause of action. For the reasons that follow, we affirm in part, reverse in part, and remand this cause for further proceedings.

The facts necessary to an understanding of our resolution of this appeal are not in dispute and are taken exclusively from the plaintiffs’ complaint. Imperial and the defendant Cosmo’s Designer Direct, Inc. (Cosmo),…