ANSWER TO COMPLAINT

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Complaint
September 2, 2021

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

 

 

GENERAL TOOLS & INDUSTRIES LLC

PLAINTIFF                                                               Civil Action No. 1:20-cv-01036

THE PARTNERSHIPS & UNICORPORATED ASSOCIATIONS

IDENTIFIED ON SCHEDULE “A”

DEFENDANTS

ANSWER TO COMPLAINT

  1. This is an answer to the complaint filed by the Plaintiff filed on 02/12/2020 alleging that the defendants have infringed on their trademark and copyright for selling and/or offering for sale ANGLE-IZER products.

 

  1. ANGLE-IZER products, as submitted by the plaintiff are used and recognized as a symbol of adjustable templated used in measuring tiles, bricks and construction materials for cutting purposes and computer programs for use in calculating custom dimensions of tiles, bricks and construction material.

 

  1. The Defendant herein is an online seller who sell their products across several webstores and has been in this business for …….. years.

 

  1. The defendant stocks many items, among them adjustable templates used in the construction industry.

 

  1. The Defendant submits that the construction industry is not novel and any person is entitled to come up with tools that would expedite and improve efficiency in the construction industry, including an adjustable template for use in measuring tiles and bricks and any other purpose thereon.

 

  1. The Defendant submits that they indeed stocked a similar product to ANGLE-IZER in as far as purpose and function is concerned. The product although not registered as a trademark does not infringe on the Plaintiff’s intellectual property as it does not attempt to mislead the consumers nor does it counterfeit the Plaintiff’s design.

 

  1. For the plaintiff’s allegation of infringement to be deemed proper in law, they must prove that the Defendant herein counterfeited their trademarked product with the intention of misleading the consumer and profiting thereon.

 

  1. The Plaintiff has not proven the same how the product stocked by the defendant and how their trademarked ANGLE-IZER is similar and likely to confuse the consumer so as to profit unscrupulously.

 

  1. The Defendant submits that the product they have stocked and the ANGLE-IZER product are used by people who have some relative technical knowledge and would therefore know the product they require for their intended purpose. The argument that the Defendant intends to confuse the consumer is farfetched and we implore this Honorable Court to decline that argument by the Plaintiff.

 

  1. The Defendant submits that the Plaintiff is in the habit of alleging trademark infringement among business people in pursuit of profiting from such allegations which is tantamount to extortion. The Plaintiff has not brought this suit with clean hands and the Defendant urges this Honorable Court to exhaustively consider the Plaintiff’s bad faith.

 

  1. The Plaintiff has not rendered a specialist report before this Honorable Court, showing in what ways the two products are strikingly and how the product stocked by the Defendant has infringed on ANGLE-IZER. We urge this Honorable Court to disregard the Plaintiff’s unfounded arguments.

 

  1. Further, the Plaintiff has not submitted a market analysis, indicating how consumers have bought the product stocked by the Defendant thinking that such product is the ANGLE-IZER product, neither has a profit analysis been tendered to reflect the unmerited profiting of the Defendant from selling the material product.

 

  1. The Defendant submits that the exhibits annexed to the Plaintiff’s complaint are general articles and publications highlighting the infringement of trademarks and counterfeiting products in the United States of America. The Plaintiff has not shown a direct connection between the publications and the instant case and the only inference that can be made thereon is that the Plaintiff only intends to send this Honorable Court and the Defendant on a fishing expedition with the hope that they eventually profit.

 

  1. The Plaintiff’s false allegations have thrown the Defendant herein in a state of disarray, rendering such defendant unable to conduct business/ and or get paid for the business transactions that they have conducted.

 

  1. Whereas the Defendant has not sold a single piece of the product in question, this allegation of infringement has interfered with the Defendant’s rights to conduct business and profit thereon even for other products, which may eventually render the Defendant destitute.

 

  1. The Defendant submits that he who alleges must prove. In the instant case, the Plaintiff has not proven trademark infringement and the Defendant urges this Honorable Court to dismiss this suit at the earliest opportunity.

 

REASONS WHEREFORE the Defendant prays that;

 

  1. The Plaintiff’s complaint be dismissed.
  2. The Court provides reasonable costs for this suit.
  • Any other relief that the court will deem fit.

 

DATED this …………………………………………..……..of………………………………………..2020

 

 

RESPECTFULLY SUBMITTED BY:

                                             (INSERT NAME AND ADDRESS)

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