IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
LEGACY SEATING, INC., )an Illinois Corporation, ))Plaintiff, )v. ) Civ. No. 1:13-cv-02777)COMMERCIAL PLASTICS CO., )an Illinois Corporation, ) JURY TRIAL DEMANDED)Defendant. )COMPLAINT
Plaintiff, Legacy Seating, Inc. (“Legacy Seating”), hereby alleges by way of complaint in
this matter as follows:1.
Legacy Seating is an Illinois Corporation with a principal place of business at 872 SouthMilwaukee Avenue, Suite 238, Libertyville, Illinois 60048.2.
Legacy Seating is the owner by assignment of United States Design Patent No. D618,006,entitled
(“the ‘006 patent”) [Ex. A].
Defendant, Commercial Plastics Co. (“Commercial Plastics”)
, is an Illinois Corporationwith a principal place of business at 800 Allanson Road, Mundelein, Illinois 60060.4.
Commercial Plastics is in the business of,
, the manufacture of molded plastic partsand products.5.
Legacy Seating and Commercial Plastics contracted with a third party for the creation of amold which, by agreement between Legacy Seating and Commercial Plastics, was to be co-owned by Legacy Seating and Commercial Plastics, and was to be used exclusively in themanufacture of the patented stackable chairs by Commercial Plastics for Legacy Seating.The mold bore the mark MIRAGE BY LEGACY SEATING.