December 6, 2023
By: Dominic G. Erbacci, Julia Jensen Smolka

Attorneys Dominic G. Erbacci and Julia Jensen Smolka successfully obtained a summary judgment in favor of their graphic designer client who was alleged to have infringed upon another’s trademark. The alleged trademark holder filed suit against the graphic designer and sought more than $1,700,000 in alleged damages. Following the close of discovery, the graphic designer moved for summary judgment arguing, in pertinent part, that the alleged trademark holder could not prevail on its claim as a matter of law because the claimed damages were speculative and not directly attributable to actual consumer confusion in the marketplace. The Circuit Court of Cook County agreed, and judgment was entered in favor of the graphic designer and against the alleged trademark holder two weeks prior to trial.