Black & Decker's Tool Packaging IP Suit Mostly Heads To Trial

Law360 (March 24, 2020, 9:11 PM EDT) -- An Illinois federal judge on Monday refused to toss a trademark lawsuit filed by Black & Decker that accuses rival Positec USA Inc. of copying the yellow and black trade dress of its DeWalt power tools, sending the case to trial.

Positec had asked U.S. District Judge Robert Dow Jr. for summary judgment on claims that the company's use of yellow and black on its Rockwell product packaging, as well as on a clamping device called JawHorse, infringes Black & Decker's rights.

But on Monday Judge Dow largely refused, shaving only a single trademark infringement claim over Positec's packaging. The ruling...

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