Hyson USA Inc. et al v. Hyson 2U, Ltd. et al

Filing 32

SUPPLEMENT TO MEMORANDUM OPINION AND ORDER Signed by the Honorable Milton I. Shadur on October 9, 2014. Mailed notice(cdh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
HYSON USA, INC., an Illinois Corporation,
et al.,
Plaintiffs,
v.
HYSON 2U, LTD., an Illinois Corporation,
et al.,
Defendants.

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Case No. 14 C 4320

SUPPLEMENT TO MEMORANDUM OPINION AND ORDER
This Court today considered and denied orally plaintiffs' motion to reconsider this Court's
October 2, 2014 memorandum opinion and order ("Opinion"). There is an old adage among
lawyers that there are really three arguments in an appellate case: the one that the appellant
prepares, the one that he or she gives to the court and the one that he or she thinks about when
going back to the office. Much the same is true here, for this Court has been struck by its
inadvertent failure to simplify the basic predicate on which the accusation by plaintiffs' counsel
that this Court has misapprehended the issues is fundamentally flawed.
What counsel should understand is that the real thrust of both the Opinion and the denial
of the motion to reconsider is that plaintiffs' conduct has caused them to lose their exclusivity of
the use of their trademarks as against defendants, though they may well have retained such
exclusivity as against all others. Both the Opinion and today's oral ruling should be understood
in that sense.

Date: October 9, 2014

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Milton I. Shadur
Senior United States District Judge