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Legacy Seating v. Commercial Plastics

Legacy Seating v. Commercial Plastics

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-02777: Legacy Seating, Inc. v. Commercial Plastics Co. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l7YL for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-02777: Legacy Seating, Inc. v. Commercial Plastics Co. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l7YL for more info.

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Published by: PriorSmart on Apr 15, 2013
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01/04/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LEGACY SEATING, INC

., an Illinois Corporation, Plaintiff, v. COMMERCIAL PLASTICS CO., an Illinois Corporation, Defendant. ) ) ) ) ) ) ) ) ) )

Civ. No. 1:13-cv-02777

JURY TRIAL DEMANDED

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 South Milwaukee Avenue, Suite 238, Libertyville, Illinois 60048. 2. Legacy Seating is the owner by assignment of United States Design Patent No. D618,006, entitled Stackable Chair (“the ‘006 patent”) [Ex. A]. 3. Defendant, Commercial Plastics Co. (“Commercial Plastics”), is an Illinois Corporation with a principal place of business at 800 Allanson Road, Mundelein, Illinois 60060. 4. Commercial Plastics is in the business of, inter alia, the manufacture of molded plastic parts and products. 5. Legacy Seating and Commercial Plastics contracted with a third party for the creation of a mold which, by agreement between Legacy Seating and Commercial Plastics, was to be coowned by Legacy Seating and Commercial Plastics, and was to be used exclusively in the manufacture of the patented stackable chairs by Commercial Plastics for Legacy Seating. The mold bore the mark MIRAGE BY LEGACY SEATING.

6.

Notwithstanding the agreement regarding the exclusive use of the mold, beginning in 2009, Commercial Plastics began manufacturing the stackable chairs for sale to its own customers. Initially, these chairs bore the mark MIRAGE BY LEGACY SEATING.

7.

Commercial Plastics eventually altered the mold to obliterate the MIRAGE BY LEGACY SEATING mark.

8.

Legacy Seating has demanded that Commercial Plastics cease the manufacture of the patented stackable chairs, bringing the ‘006 patent, and Commercial Plastics’ infringement thereof, to Commercial Plastics’ attention.

9.

Legacy Seating has also demanded that Commercial Plastics surrender the mold for its use in the manufacture of the patented stackable chairs for Legacy Seating’s benefit.

10. Commercial Plastics has ignored Legacy Seating’s demands, providing no basis for its failure to comply with such demands. Jurisdiction and Venue 11. Commercial Plastics has, at all relevant times, been doing business in this Judicial District. 12. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1338(a). 13. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1400(b). Count I – Patent Infringement 14. Legacy Seating incorporates by reference paragraphs 1-13, above. 15. The stackable chairs manufactured by Commercial Plastics are, in the eye of the ordinary observer, giving such attention as a purchaser usually gives, substantially the same as the invention claimed in the ‘006 patent. 16. Commercial Plastics’ manufacture and sales of the stackable chairs without Legacy Seating’s authorization are an infringement of the ‘006 patent.

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17. Commercial Seating’s infringement of the ‘006 patent has caused injury to Legacy Seating. 18. Legacy Seating informed Commercial Plastics of the ‘006 patent, and of Commercial Plastics’ infringement thereof by virtue of Commercial Products’ sale of the patented stackable chairs without Legacy Seating’s authorization. Count II - Conversion 19. Legacy Seating incorporates by reference paragraphs 1-18, above. 20. Legacy Seating has a right in the mold created by Commercial Plastics. 21. Legacy Seating has a right to the immediate, absolute, and unconditional possession of the mold. 22. Commercial Plastics’ has assumed unauthorized and wrongful control over the mold in the unauthorized manufacture of the patented stackable chairs. 23. Legacy Seating has demanded the return of the mold to the use of the manufacture of the patented stackable chairs for its own account. Count III – Illinois Uniform Deceptive Trade Practices Act 24. Legacy Seating incorporates by reference paragraphs 1-23, above. 25. Commercial Plastics has passed off the stackable chairs sold without Legacy Seating’s authorization, but bearing the mark MIRAGE BY LEGACY SEATING, as the goods of Legacy Seating. 26. Commercial Plastics has caused likelihood of confusion or of misunderstanding as to the source of the stackable chairs sold without Legacy Seating’s authorization, but bearing the mark MIRAGE BY LEGACY SEATING. 27. By selling stackable chairs without Legacy Seating’s authorization, but bearing the mark MIRAGE BY LEGACY SEATING, Commercial Plastics has caused likelihood of

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confusion or of misunderstanding as to its affiliation, connection, or association with Legacy Seating. 28. By selling stackable chairs without Legacy Seating’s authorization, but bearing the mark MIRAGE BY LEGACY SEATING, Commercial Plastics has represented that such goods have Legacy Seating’s sponsorship, which it did not have. COMMON LAW TRADEMARK INFRINGEMENT 29. Legacy Seating incorporates by reference paragraphs 1-28, above. 30. Legacy Seating has used the mark MIRAGE BY LEGACY SEATING in connection with the marketing and sales of the patented stackable chairs in interstate commerce. 31. Commercial Plastics’ unauthorized use of the identical mark on the identical products likely caused confusion among the relevant consuming public as to the origin of Commercial Plastics’ products. 32. Such unauthorized use of the MIRAGE BY LEGACY SEATING mark has caused injury to Legacy Seating. WHEREFORE, Legacy Seating respectfully requests that this Court Order Commercial Plastics to: a) Pay Legacy Seating for the actual damage that Commercial Plastics has caused Legacy Seating in an amount to be determined at trial; b) c) Pay Legacy Seating treble damages in light of Commercial Plastics’ willful infringement; Pay Legacy Seating punitive damages for its violation of the Illinois Uniform Deceptive Trade Practices Act; d) Pay Legacy Seating prejudgment interest;

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e)

Surrender the mold for use in the manufacture of patented stackable chairs for the account of Legacy Seating;

f) g)

Cease any further unauthorized use of the MIRAGE BY LEGACY SEATING mark; and Pay Legacy Seating its reasonable attorneys fees and costs.

Date: April 12, 2013

Respectfully submitted, /s/ George C. Summerfield George C. Summerfield Rolf O. Stadheim Steven R. Pedersen STADHEIM & GREAR LTD. 400 North Michigan Avenue Suite 2200 Chicago, Illinois 60611 Telephone: (312) 755-4400 Facsimile: (312) 755-4408 Email: summerfield@stadheimgrear.com Attorneys for Plaintiff Legacy Seating, Inc.

JURY DEMAND Legacy Seating, Inc. demands a trial by jury on all issues triable by jury.

/s/ George C. Summerfield George C. Summerfield

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