Judges Have All the Fun

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July 28, 2011

Judge Evans authored a decision from the 7th Circuit today that shows how judges have fun. Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corp., ___ F.3d ___ (7th Cir. 2011), Cause No. 10-3519, is a trademark case over whether the quilts in Quilted Northern toilet paper is a trademark. Judge Evans did not think much of the case and had some fun at the expense of the parties. Here's a taste:

Toilet paper. This case is about toilet paper. Are there many other things most people use every day but think very little about? We doubt it. But then again, only a select few of us work in the rarefied air inhabited by top-rate intellectual property lawyers who specialize in presenting and defending claims of unfair competition and trademark infringement under the Lanham Act, 15 U.S.C. §§ 1051 et seq. And the lawyers on both sides of this dispute are truly first-rate. Together they cite some 119 cases and 20 federal statutes (albeit with a little overlap) in their initial briefs. We are told that during the "expedited" discovery period leading up to the district court decision we are called upon to review, some 675,000 pages of documents were produced and more than a dozen witnesses were deposed. That's quite a record considering, again, that this case is about toilet paper.

Judge Evans has all of his fun in the first four pages, which are worth a read regardless of whether you are interested in IP law.

Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
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