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Judgment – Injunctive Relief

By: Derek Hawkins//May 26, 2020//

Judgment – Injunctive Relief

By: Derek Hawkins//May 26, 2020//

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7th Circuit Court of Appeals

Case Name: Quincy Bioscience, LLC, v. Ellishbooks, et al.,

Case No.: 19-1799

Officials: WOOD, Chief Judge, and FLAUM and RIPPLE, Circuit Judges.

Focus: Judgment – Injunctive Relief

Quincy Bioscience, LLC (“Quincy”) filed this civil action against Ellishbooks, related individuals, and entities (collectively “Ellishbooks”) alleging claims for trademark infringement, false advertising, dilution, and unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125, as well as claims under Illinois statutory and common law. The operative complaint alleged that Ellishbooks engaged in the unauthorized and unlawful sale of Quincy’s products bearing the Prevagen® trademark. Ellishbooks did not file a responsive pleading to the complaint. After entry of a default judgment, the district court awarded damages and permanent injunctive relief to Quincy.

Ellishbooks now challenges the district court’s judgment on several grounds. These arguments have been waived and, in any event, are meritless. We therefore affirm the judgment of the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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