Hyson USA, Inc. v. Hyson 2U, LTD.

Federal 7th Circuit Court
Civil Court
Trademark
Citation
Case Number: 
No. 14-3261
Decision Date: 
May 16, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in dismissing plaintiffs’ trademark infringement claim against defendants, where basis of dismissal was defendants’ claim that plaintiffs had acquiesced in said infringement when plaintiffs transferred their branded inventory to defendants and certain personnel from plaintiff went to work for defendants. Dismissal was improper at pleading stage of proceedings because instant complaint failed to contain allegation that plaintiffs made any active representation by word or deed that they would not assert right or claim regarding their trademark. Ct. further noted that acquiescence, as equitable defense, is ordinarily not susceptible to resolution at pleading stage of proceedings.