Legal Opinion

Black & Decker Corp. v. Positec USA Inc.

District Court, N.D. Illinois

Decided August 5, 2015No. Case No. 11-cv-5426PublishedCited by 3 opinions

1Opinion of the Court

*1058MEMORANDUM OPINION AND ORDER

Robert M. Dow, Jr., United States District Judge

The parties are competing power tool sellers. Plaintiffs allege that Defendants infringed (1) their patents in certain power tool devices and (2) their trademark-related rights in the yellow-and-black color combination appearing on Plaintiffs’ products and packaging.1 Plaintiffs request a jury trial as to all claims. Defendants move to strike Plaintiffs’ jury demand as to their trademark-related claims for Defendants’ profits. For the reasons stated below, the Court respectfully denies Defendants’ motion [99].

I.…

2Cases cited35 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  3. Curtis v. LoetherSupreme Court of the United States · 1974
  4. Ross v. BernhardSupreme Court of the United States · 1969
  5. Tull v. United StatesSupreme Court of the United States · 1987

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3Cited by3 opinions

  1. National Presto Ind., Inc. v. U.S. Merchants Fin. Grp., Inc.Court of Appeals for the Eighth Circuit · 2024
  2. Alifax Holding Spa v. Alcor Scientific Inc.District Court, D. Rhode Island · 2025
  3. Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLCDistrict Court, E.D. Tennessee · 2025

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