Show me the money! A little violation of a Consent Agreement is a violation: Gaither Tool Co. v. Summit Tool Co., 2012 WL 13218902. (ND IL) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)
The Northern District of Illinois, Eastern Division, took up the issue of violation of a Consent agreement in the above – captioned supporting the proposition a non-deminimus violation of a Consent Agreement is violation of a Consent Agreement and violating party is in contempt of court pursuant to Civil contempt proceedings 18 U.S.C. Section 401(3). In this matter, Summit had agreed not to use the trademark BEAD KEEPER. Nonetheless, Summit was found to use the mark in training videos and on a a product. (Note: this slip opinion was on the Westlaw case feed today but the Slip Opinion is signed September 5, 2012.)
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