Logan Graphic Products, Inc. v. TCP Global Corp. et al
Filing
56
MOTION by Plaintiff Logan Graphic Products, Inc. for judgment by consent and permanent injunction (Attachments: # 1 Text of Proposed Order Stipulated Consent Judgment and Permanent Injunction)(Wakolbinger, Jeffrey)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
LOGAN GRAPHIC PRODUCTS, INC,
Plaintiffs,
Case No. 16-cv-10301
v.
Judge Matthew F. Kennelly
TCP GLOBAL CORP. and
DEAN A. FAUCETT,
Defendants.
CONSENT JUDGMENT AND PERMANENT INJUNCTION
Defendants TCP Global Corp. and Dean A. Faucett (collectively, “Defendants”), hereby
stipulate to the entry of this Consent Judgment and Permanent Injunction.
NOW THEREFORE, upon consent of the parties hereto, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED:
1.
On November 2, 2016, Plaintiff Logan Graphic Products, Inc. (“Logan”) initiated
this action by filing a Complaint against Defendants, stating counts for false designation of
origin (trade dress infringement) under 15 U.S.C. § 1125(a), violation of the Illinois Uniform
Deceptive Trade Practices Act (815 ILCS 510/1 et seq.), and violation of the Illinois Unfair
Business Practices Act (815 ILCS 505/1 et seq.).
2.
In the Complaint, Logan alleged exclusive ownership of a unique, non-functional,
source-identifying trade dress, which Logan has used in connection with mat-cutting equipment
for over 40 years. This unique trade dress (the “Logan Trade Dress”) comprises the following
elements:
A-1
•
the arbitrary and whimsical use of a vintage-style bicycle grip as the handle and
the elliptical shape of the blade holder on Logan’s straight cutting tool;
•
the rounded upper corners and the unique shapes of the handles on Logan’s pulland push-style bevel cutting tools;
•
the size, shape, and placement of the squaring arms and rail guides on its cutting
boards;
•
the black and silver/grey color scheme applied to all of Logan’s mat-cutting
products; and
•
the arrangement of components and overall look and feel of its straight cutting
tool, its bevel cutting tools, and its mat-cutting boards.
Images showing the Logan Trade Dress are included in Exhibit A-1.
3.
Defendants waived service and answered the Complaint on February 21, 2017.
4.
The Court has jurisdiction over the subject matter of this action under 15 U.S.C.
§ 1121 and 28 U.S.C. §§ 1331 and 1338.
5.
The Logan Trade Dress is non-functional, has acquired distinctiveness, and
constitutes valid and protectable trade dress owned exclusively by Logan.
6.
TCP Global has imported, advertised, offered for sale, and sold the following
“Disputed Products” in the United States: USA MC-232, USA MC-340, USA MC-916HC, USA
MC-920HC, and USA MC-922HC. The Disputed Products are shown in Exhibit A-2.
7.
TCP Global, Dean A. Faucett, and all officers, principals, agents, employees,
affiliates, licensees, transferees, purchasers, successors, and assigns, and all persons or entities
acting on their behalf or in active concert or participation with them and who receive actual
notice of this Permanent Injunction, are permanently enjoined and restrained from:
(A)
importing, transferring, manufacturing, delivering, disposing, advertising, selling,
offering for sale, distributing, and shipping the Disputed Products and any other
A-2
mat-cutting products that display exact or near-exact copies of the Logan Trade
Dress;
(B)
doing any other act likely to induce the mistaken belief that Logan is the source of
products that are not actually manufactured by Logan; and
(C)
assisting, aiding, or abetting any other person or business entity in engaging in or
performing any of the activities referred to in the above paragraphs (A) and (B).
8.
On or before September 21, 2017, TCP Global shall destroy (either directly or
through a third party) all units of Disputed Products remaining in inventory and will provide a
sworn declaration to Logan, stating the manner in which the inventory was destroyed and
confirming that no inventory remains.
9.
If any Defendant breaches any term of this Consent Judgment and Permanent
Injunction, or otherwise infringes the Logan Trade Dress, Logan will be entitled to injunctive
relief, damages, and profits, and a Defendant who is found to have breached this Consent
Judgment and Permanent Injunction shall pay Logan’s reasonable attorneys’ fees and costs
incurred as a result of the infringement or breach, including reasonable investigative costs
incurred in the discovery of the infringement and/or breach and including fees and costs incurred
for enforcing this Consent Judgment and Permanent Injunction.
10.
Defendants shall submit to the jurisdiction of this Court in any dispute involving
this Consent Judgment and Permanent Injunction.
11.
Defendants waive any right to notice and appeal of this Consent Judgment and
Permanent Injunction and consent to its immediate entry in accordance with its terms.
A-3
Exhibit A-1
Logan Graphic
Products Image
Logan Graphic Products Description
Logan 2000: Push Style Handheld Mat
Cutter
Logan 4000: Deluxe Pull Style
Handheld Mat Cutter
Logan 701-1 Straight Cutter Elite
Logan 550-1: Simplex Classic 40" Mat
Cutter
Exhibit A-2
U.S. Art Supply
Image
U.S. Art Supply Description
US Art Supply Hand Held Push Style Bevel
45 Degree Mat Cutter (USA MC-916HC)
US Art Supply Hand Held Pull Style Bevel 45
Degree Mat Cutter (USA MC-920HC)
Hand Held Pull Type Straight Cutting 90
Degree Mat Cutter (USA MC-922HC)
US Art Supply 40" 45-Degree Bevel Cut
Complete Matte Cutter (USA MC-340)
US Art Supply 32 inch Artist Bevel 45
Degree Board Mounted Mat Cutter (USA MC232)
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