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Chicago Business Litigation Lawyer Blog

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Federal Circuit Rules Hotels.com May Not Have Trademark Because Name is too Generic

  Our Chicago trademark litigation lawyers noticed a recent trademark law decision that underscores the difficulty of protecting a mark in the emerging world of Internet commerce. The Federal Circuit Court of Appeals ruled July 30 that the hotel review and search Web site Hotels.com may not trademark its name…

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Illinois Plaintiffs Can Recover Under Promissory Estoppel, Illinois Supreme Court Rules

  Promissory estoppel is an affirmative cause of action in Illinois, the Illinois Supreme Court decided April 2. Newton Tractor Sales v. Kubota Tractor Corporation, Ill. Sup. Co. No. 106798, (April 2, 2009). In this Illinois business lawsuit, the court allowed plaintiff Newton Tractor Sales to continue its lawsuit against…

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Illinois Trade Secrets Act Does Not Preempt Breach of Fiduciary Duty Claims, First District Rules

  Our Chicago trade secrets litigation lawyers were interested to see a recent case pitting a school bus company in Cook County against competitors and former employees. Alpha School Bus Company, Inc. v. Wagner, No. 1-06-3427 (Ill. 1st May 15, 2009). Alpha is owned by Cook-Illinois Corporation (collectively “Alpha”), which…

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Second Circuit Rules Sale of Google Keyword Advertisements May Be a Use in Commerce Under Lanham Act

  A trademark infringement lawsuit against Google may go forward despite a related ruling by the same court, the Second Circuit Court of Appeal ruled April 3. In Rescuecom v. Google, No. 06-4881-cv (2nd Cir. April 3, 2009), the appeals court ruled that its own previous ruling in 1-800 Contacts,…

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Best Websites to Learn About Consumer Law Issues — Our DuPage, Lake, and Cook County, and Chicago Illinois Consumer Lawyers Can Assist You in Consumer Fraud and Deception Lawsuits

  As Illinois consumer rights lawyers we are pleased to see that Illinois Attorney General LIsa Madigan maintains an extensive website with many resources to provide information on important consumer rip-offs and ways for consumers to protect themselves. The website contains links to many publications and articles on consumer rights…

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Appeals Court Upholds Injunction Enforcing Salesman’s Covenant Not to Compete

  A recent decision by the Fourth District Court of Appeal caught the eyes of our Illinois non-compete agreement attorneys because it created a split with other Courts of Appeal that only the Illinois Supreme Court can resolve. In September, the Fourth ruled that a trial court was correct to…

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‘Domainer’ Sues for Declaratory Judgment That Domain Name Does Not Violate Company Trademark

  A federal case out of Las Vegas recently caught the eyes of our Chicago Internet trademark litigation attorneys. A Texas man who invests in domain names has sued to establish that one of his domains does not infringe on a similarly-named company’s trademark rights, the Las Vegas Sun reported…

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Second Circuit to Rule on Whether Retailer May Be Held Liable for Failing to Stop Sales of Counterfeit Products

  Our Illinois trademark infringement lawyers and many others involved in online commerce are awaiting an important ruling from the Second U.S. Circuit Court of Appeals. As the American Lawyer noted July 17, the court heard oral arguments the day before in Tiffany v. eBay (USDC SD NY opinion), in…

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Appeals Court Decides Client May Sue Insurance Broker for Taking Kickbacks From Insurers

  In a proposed class action insurance fraud lawsuit, the Illinois First District Court of Appeal has ruled that a former client may sue an insurance broker for inflating the cost of its insurance policies with “kickbacks.” DOD Technologies v. Mesirow Insurance Services Inc., No. 1-06-3300 (Ill. 1st Feb. 14,…

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Damages Not Duplicative Under Lanham Act and Anti-Cybersquatting Consumer Protection Act, Eleventh Circuit Rules

In a ruling that clarified laws important to our Chicago and Wheaton internet trademark infringement and business trial lawyers, the Eleventh U.S. Circuit Court of Appeals ruled July 9 that actual damages for service mark infringement under the Lanham Act do not duplicate statutory damages under the Anti-Cybersquatting Consumer Protection…

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