IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EAST
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ERN DIVISION
ABC CORPORATION, et al.,
Plaintiff(s)
vs.
THE PARTNERSHIPS AND
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE “A”,
Defendants
Case No. 22-cv-05479
Judge Mary M. Rowland
Magistrate Judge Maria Valdez
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant [ENTER NAME], and answers the Complaint on file herein as
follows:
I. JURISDICTION AND VENUE
1. Defendant admits the allegations of subject matter jurisdiction in Paragraph 1.
2. Defendant denies the contents of paragraph 2 to the extent that it alleges that
Defendant is committing tortious acts in Illinois, and has wrongfully caused substantial injury in
the state of Illinois.
II. INTRODUCTION
3. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in the first two sentences of Paragraph 3,which alleges that
Plaintiffs filed this action to prevent e-commerce and store owners from further selling and/or
offering for sale unauthorized Products, and therefore denies the same. Defendant denies the
remaining allegations in Paragraph 3.
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III. PARTIES
4. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 4, and therefore denies the same.
5. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 5, and therefore denies the same.
6. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 6, and therefore denies the same.
7. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 7, and therefore denies the same.
8. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 8, and therefore denies the same.
9. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 9, and therefore denies the same.
10. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 10, and therefore denies the same.
11. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 11, and therefore denies the same.
12. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 12, and therefore denies the same.
13. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 13, and therefore denies the same.
14. Defendant denies the allegations in Paragraph 14 in its entirety.
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15. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 15, and therefore denies the same.
16. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 16, and therefore denies the same.
17. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 17, and therefore denies the same.
18. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 18, and therefore denies the same.
19. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 19, and therefore denies the same.
20. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 20, and therefore denies the same.
21. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 21, and therefore denies the same.
22. Defendant admits the contents of Paragraph 22 to the extent that Defendant has
the capacity to be sued pursuant to Federal Rules of Civil Procedure 17(b). Defendant denies the
remaining allegations.
23. Defendant admits the contents of Paragraph 23 to the extent that Defendant
engages in the e-commerce business. Defendant denies the remaining allegations.
IV. DEFENDANT’S UNLAWFUL CONDUCT
24. Defendant denies the allegations in Paragraph 24 in its entirety and invites the
Plaintiffs to strict proof thereof.
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25. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 25, and therefore denies the same.
26. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 26, and therefore denies the same.
27. Defendant denies the allegations in Paragraph 27 that Defendant is selling and/or
offering for sale Unauthorized Products to residents of Illinois.
28. Defendant denies the allegations in Paragraph 28 in its entirety.
29. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 29, and therefore denies the same.
30. Defendant denies the allegations in Paragraph 30 in its entirety.
31. Defendant denies the allegations in Paragraph 31 in its entirety.
32. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 32, and therefore denies the same.
33. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 33, and therefore denies the same.
34. Defendant denies the allegations in Paragraph 34 in its entirety.
35. Defendant denies the allegations in Paragraph 35 in its entirety.
36. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 36, and therefore denies the same.
COUNT I
Trade Secret Misappropriation AND COUNTERFEITING (15 U.S.C. § 1114)
37. Defendant incorporates its responses to each and every allegation contained above
with the same force and effect as if fully set forth herein.
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38. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 38, and therefore denies the same.
39. Defendant denies the allegations in Paragraph 39 in its entirety.
40. Defendant denies the allegations in Paragraph 40 in its entirety.
41. Defendant denies the allegations in Paragraph 41 in its entirety.
42. Defendant denies the allegations in Paragraph 42 in its entirety.
43. Defendant denies the allegations in Paragraph 43 in its entirety.
COUNT II
FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(a))
44. Defendant incorporates its responses to each and every allegation contained above
with the same force and effect as if fully set forth herein.
45. Defendant denies the allegations in Paragraph 45 in its entirety.
46. Defendant denies the allegations in Paragraph 46 in its entirety.
47. Defendant denies the allegations in Paragraph 47 in its entirety.
48. Defendant denies the allegations in Paragraph 48 in its entirety.
COUNT III
COPYRIGHT INFRINGEMENT OF UNITED STATES COPYRIGHT
REGISTRATIONS (17 U.S.C. §§ 106 and 501)
49. Defendant incorporates its responses to each and every allegation contained above
with the same force and effect as if fully set forth herein.
50. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 50, and therefore denies the same.
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51. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 51, and therefore denies the same.
52. Defendant lacks knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 52, and therefore denies the same.
53. Defendant denies the allegations in Paragraph 53 in its entirety.
54. Defendant denies the allegations in Paragraph 54 in its entirety.
55. Defendant denies the allegations in Paragraph 55 in its entirety.
56. Defendant denies the allegations in Paragraph 56 in its entirety.
57. Defendant denies the allegations in Paragraph 57 in its entirety.
58. Defendant denies the allegations in Paragraph 58 in its entirety.
PRAYER FOR RELIEF
1. Defendant denies Plaintiffs are entitled to any relief requested in Section 1 of their
prayer for relief.
2. Defendant denies Plaintiffs are entitled to any relief requested in Section 2 of their
prayer for relief.
3. Defendant denies Plaintiffs are entitled to any relief requested in Section 3 of their
prayer for relief.
4. Defendant denies Plaintiffs are entitled to any relief requested in Section 4 of their
prayer for relief.
5. Defendant denies Plaintiffs are entitled to any relief requested in Section 5 of their
prayer for relief.
6. Defendant denies Plaintiffs are entitled to any relief requested in Section 6 of their
prayer for relief.
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7. Defendant denies Plaintiffs are entitled to any relief requested in Section 7 of their
prayer for relief.
8. Defendant denies Plaintiffs are entitled to any relief requested in Section 8 of their
prayer for relief.
FURTHER ANSWER AND AFFIRMATIVE DEFENSES
By way of further Answer and as affirmative defenses, Defendant denies that it is liable
to Plaintiffs on any of the claims alleged and denies that Plaintiffs are entitled to damages, treble
or punitive damages, equitable relief, attorneys’ fees, costs, pre-judgment interest or to any relief
whatsoever, and states as follows:
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Claim)
1. The Complaint, on one or more counts set forth therein, fails to state a claim upon
which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
(First Sale Doctrine)
2. The claims made in the Complaint are barred, in whole or in part, by the first sale
doctrine.
THIRD AFFIRMATIVE DEFENSE
(Innocent Infringement)
3. The claims made in the Complaint are barred, in whole or in part, because any
infringement, if any, was innocent.
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FOURTH AFFIRMATIVE DEFENSE
(Lack of Secondary Meaning)
4. The claims made in the Complaint are barred, in whole or in part, on the basis that
some or all marks at issue lack secondary meaning.
FIFTH AFFIRMATIVE DEFENSE
(Non-Infringement)
5. Defendant has not infringed any applicable trademarks under federal or state law.
SIXTH AFFIRMATIVE DEFENSE
(Waiver, Acquiescence, and Estoppel)
6. Each of the purported claims set forth in this Complaint is barred by the doctrines
of waiver, acquiescence, and estoppel.
SEVENTH AFFIRMATIVE DEFENSE
(No Causation)
7. Plaintiffs’ claims against Defendant are barred because Plaintiffs’ damages, if
any, were not caused by Defendant.
EIGTH AFFIRMATIVE DEFENSE
(No Damage)
8. Without admitting that the Complaint states a claim, there has been no damage in
any amount, manner or at all by reason of any act alleged against Defendant in the Complaint,
and the relief prayed for in the Complaint therefore cannot be granted.
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NINTH AFFIRMATIVE DEFENSE
(Lack of Irreparable Harm)
9. Plaintiff’s claims for injunctive relief are barred because Plaintiffs cannot show
that it will suffer any irreparable harm from Defendant’s actions.
TENTH AFFIRMATIVE DEFENSE
(Adequacy of Remedy at Law)
10. The alleged injury or damage suffered by Plaintiff, if any, would be adequately
compensated by damages. Accordingly, Plaintiff has a complete and adequate remedy at law and
is not entitled to seek equitable relief.
ELEVENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
11. The claims made in the Complaint are barred, in whole or in part, because of a
failure to mitigate damages, if such damages exist.
TWELFTH AFFIRMATIVE DEFENSE
(Duplicative Claims)
12. Without admitting that the Complaint states a claim, any remedies are limited to
the extent that there is sought an overlapping or duplicative recovery pursuant to the various
claims for any alleged single wrong.
THIRTEENTH AFFIRMATIVE DEFENSE
(Fraud)
13. The claims made in the Complaint are barred, in whole or in part, by fraud on the
United States Patent & Trademark Office.
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FOURTEENTH AFFIRMATIVE DEFENSE
(Abandonment)
14. The claims made in the Complaint are barred, in whole or in part, by
abandonment of any marks at issue.
FIFTEENTH AFFIRMATIVE DEFENSE
(Third-Party Use)
15. The claims made in the Complaint are barred, in whole or in part, by reason of
other parties’ use of any marks at issue.
SIXTEENTH AFFIRMATIVE DEFENSE
(Actions of Others)
16. The claims made in the Complaint are barred, in whole or in part, because
Defendant is not liable for the acts of others over whom it has no control.
ADDITIONAL DEFENSES
17. Defendant reserves the right to assert additional defenses based on information
learned or obtained during discovery.
WHEREFORE, Defendant prays for judgment as follows:
1. That Plaintiffs takes nothing by way of their Complaint;
2. That the Complaint and each and every purported claim for relief therein, be
dismissed with prejudice.
3. That Defendant be awarded its costs of suit incurred herein, including
attorneys’ fees and expenses; and
4. For such other and further relief as the Court deems just and proper.
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Respectfully submitted:
Dated: __________
_________________________
[ENTER DEFENDANT]
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CERTIFICATE OF SERVICE:
The undersigned hereby certifies that the above and foregoing was served by regular U.S. Mail,
postage prepaid, on the Plaintiffs:
Martin F. Trainor
Sameeul Haque
TME Law, P.C.
3339 S. Union Avenue
Chicago, Illinois 60616
708.475.1127
martin@tme-law.com
sameeul@tme-law.com
Counsel for Plaintiffs
Dated: _____________
_________________________
[ENTER DEFENDANT]