Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendant Sears’ summary judgment motion regarding Lanham Act and related state law claims directed to Sears’ internet activity in this IP case involving the Bionic Wrench.

Loggerhead stipulated to dismissal of its Lanham Act and state law trademark infringement, false designation of origin, and trademark dilution claims related to internet trademark use. Loggerhead, however, maintained the viability of its Uniform Deceptive Trade Practices Act (“UDTPA”), Illinois Consumer Fraud & Deceptive Trade Practices Act (“ICFA”) and common law unfair competition claims related to Sears’ alleged internet trademark use.

Of particular note, the Court held as follows:

• Loggerhead’s UDTPA and ICFA claims were waived because they offered no legal arguments or facts to support them beyond the internet trademark use claims that were dismissed by Loggerhead’s stipulation.
• While Loggerhead’s common law unfair competition claims are broadly worded and, therefore, could encompass more than just the internet trademark use allegations, it would have been unfair to Sears to expand them beyond the internet trademark use claims because Sears did not have adequate notice of those additional claims. Furthermore, the additional claims were addressed in other summary judgment decisions by the Court.