Jury Awards $54M for Trademark and Trade Dress Infringement

13 11 2015

Chicago IP Litigation

November 13, 2015

R. David Donoghue

Black & Decker v. Positec USA, Inc., No. 11 C 5426, Slip Op. (N.D. Ill. Oct. 5, 2015) (Dow, J.).

Judge Dow entered the jury verdict in this Lanham Act case involving plaintiff’s (collectively “Black & Decker”) black and yellow Dewalt color scheme. The jury found as follows:

  • Defendants Positec and R W Direct infringed Black & Decker’s trademarks and trade dress.
  • The Defendants’ infringement was willful.
  • Positec owed Black & Decker approximately $54M of Positec’s profits.
  • R W Direct owed Black & Decker approximately $115k of R W Direct’s profits.

The Court also set a post-trial briefing schedule.


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