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The Black & Decker Corporation et al v. Positec USA Inc.

  1. May 27, 2021

    Decadelong Black & Decker Trade Dress Fight Ends In Deal

    Black & Decker and Positec have agreed to end their decadelong dispute over whether Positec copied the yellow-and-black trade dress of Black & Decker's DeWalt power tools, telling an Illinois federal judge Wednesday that they have settled the case.

  2. March 24, 2020

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

    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.

  3. July 01, 2019

    Rival's 'Copycat' Tools Confuse Buyers, Black & Decker Says

    Black & Decker has urged an Illinois federal judge not to toss a trademark suit the toolmaker filed against a Chinese company over yellow and black packaging for power tools, saying the two sets of products don't need to be identical for its claims to hold water.

  4. June 03, 2019

    Black & Decker Trade Dress Suit Is Unfixable, Toolmaker Says

    Two years after an Illinois federal judge wiped out a $54 million trade dress infringement verdict won by Black & Decker Corp. over lookalike power tools, Positec USA Inc. wants the case tossed entirely, asking the court to reject the company's attempt to achieve a "virtual monopoly" on having yellow and black on any product.

  5. December 12, 2017

    The Top 10 Trademark Rulings Of 2017

    From Cheerios box trade dress to generic "googling" to a blockbuster U.S. Supreme Court decision, 2017 was another bumper year for major rulings in trademark law. Here are the 10 you need to remember.

  6. September 12, 2017

    Judge Erases Black & Decker $54M Trade Dress Win

    An Illinois federal judge on Monday tossed out a $54 million trade dress infringement verdict won by Black & Decker Corp. against toolmaker Positec USA Inc. over look-alike yellow power tools, saying jurors were unfairly swung by deeply flawed survey evidence.

  7. November 23, 2015

    Black & Decker $54M Verdict Not Ripe Yet, Judge Says

    An Illinois federal judge rejected Black & Decker's bid Monday to enter judgment on a $54 million verdict against a smaller rival found to have infringed the yellow-and-black color scheme of the company's DeWalt power tools, saying the company's request came too soon because certain issues are still outstanding.

  8. November 19, 2015

    Black & Decker Foe Says Trade Dress Injunction Needs Delay

    Positec, which was recently ordered by an Illinois federal jury to pay Black & Decker $54 million for infringing the yellow-and-black color scheme of the latter's DeWalt-branded power tools, asked that any injunction against further use of the colors be delayed to give the company a chance to update its packaging.

  9. November 02, 2015

    Black & Decker Says $54M Trade Dress Win Not Deterring Rival

    Black & Decker Corp. asked an Illinois federal judge on Monday to increase a $54 million jury award to about $72.7 million, claiming the original award has failed to deter Positec USA Inc. from continuing to infringe the yellow-and-black color scheme of its DeWalt-branded power tools.

  10. October 07, 2015

    Black & Decker Wants Injunction After $54M Trade Dress Win

    Black & Decker Corp. asked an Illinois federal judge Wednesday to permanently bar Positec USA Inc. from using a yellow-and-black color scheme on its power tools and packaging following a jury's $54 million verdict that Positec infringed the trade dress of Black & Decker's DeWalt-branded power tools.

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