IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
January 3, 2007
SUNSTAR, INC., PLAINTIFF,
ALBERTO-CULVER COMPANY, INC. AND BANK ONE CORPORATION F/K/A FIRST NATIONAL BANK OF CHICAGO, DEFENDANTS. AND ALBERTO-CULVER COMPANY, A DELAWARE CORPORATION, PLAINTIFF,
SUNSTAR, INC., A JAPANESE CORPORATION, SUNSTAR GROUP COMPANY, (F/K/A ALBERTO-SUNSTAR CO., LTD) A JAPANESE CORPORATION, KANEDA, KASAN, KABUSHIKI KAISHA, A JAPANESE CORPORATION, AND BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT NO. 22-81196, DATED FEBRUARY 27, 1980, A NATIONAL BANKING ASSOCIATION, DEFENDANTS.
The opinion of the court was delivered by: Judge Guzman
SUNSTAR'S RULE 50(b) MOTION FOR JUDGMENT AS A MATTER OF LAW
Sunstar, Inc. and Kaneda, Kosan, Kabushiki Kaisha (collectively, "Sunstar"), pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, respectfully renew that portion of "Sunstar's Motion Pursuant to Fed. R. Civ. P. 50(a) for Judgment as a Matter of Law Dismissing Alberto's Claim," made on December 12, 2006, which asserted that:
"Alberto's claim for breach of contract in the nature of trademark infringement should be dismissed as a matter of law because no sufficient evidence has been presented of likelihood of confusion, a required element needed to establish trademark infringement, and because Alberto has failed to present any evidence that any actual or likely consumer confusion exceeds the amount of so-called 'natural confusion' in the situation by a 'significant amount,' as required by controlling Seventh Circuit authority." as more particularly discussed in that Rule 50(a) motion.
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