Faier’s View on the Northern District of Illinois / CA7 Trademark Decisions: CA7 says stay district court matter where prior-filed state matter may result in those claims being barred pursuant to Res Judicada – Legat v. Legat Architects, 2021 WL 2566771 (June 23, 2021)

Today’s trademark decision, released June 23, 2021), turns on a co-pending matter under Illinois law brought under the Illinois Deceptive Trade Practices Act, Illinois Consumer Fraud and Deceptive Trade Practices Act. Legat sued his old firm under the Lanham Act arguing that they were unjustly enriched using the LEGAT mark. The firm argued that they bought out Legat and were entitled to use the mark. The firm asked for judgment on the pleadings arguing the the case is barred by res judicata. The firm asked that the matter be dismissed or stayed until the above identified state matters are adjudicated. The Court held with the firm staying the matter until the state completed work on the matter. What was interesting is that the Court not only included the matters directly duplicated in the state and federal matters but also included causes of action that might have been brought in the other venue. The case was heard by the Hon. Robert W. Gettleman.