United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
ROBERT BLAKEY UNITED STATES DISTRICT JUDGE.
Long Grove Investments, LLC owns a building in Long Grove,
Illinois, in which a beloved bakery, the Long Grove Apple
Haus, once thrived, selling goods such as apple pies and
ciders. Plaintiff claims that by purchasing that building, it
acquired rights in the name Long Grove Apple Haus and the
associated trademark. It sues Defendant Baldi Candy Company,
claiming that by setting up shop next door and selling goods
bearing Plaintiff's mark, Defendant has violated the
federal Lanham Act and the Illinois Deceptive Trade Practices
Act. . Defendant moves for summary judgment on
Plaintiff's claims. . For the reasons explained
below, this Court grants Defendant's motion.
facts in this section come from Defendant's statement of
undisputed facts  and Plaintiff's statement of
additional facts .
The Apple Haus Store
building at the center of this dispute sits in Long Grove,
Illinois, at 230 Robert Parker Coffin Road (the Building).
 ¶ 2. From 1977 through 2011, non-party Long Grove
Confectionary Co. (LGC) owned and operated a bakery-the Long
Grove Apple Haus (the Apple Haus Store)-at the Building.
Id. ¶ 4;  ¶ 1. The Building has
remained vacant since 2011.  ¶ 5.
1977 and 2011, LGC sold various baked goods at the Apple Haus
Store, including: apple pies, apple cider donuts, fritters,
cookies, strudels, and apple butter.  ¶ 5. The
parties agree that at least some of those products included
the term APPLE HAUS on the label, packaging, or container.
Id. ¶ 5. Additionally, for at least some time,
LGC sold its apple pies in a box (the Apple Haus Pie Box);
the Apple Haus Pie Box included the term APPLE HAUS and a
design of a red apple with a stem and two leaves (the Red
¶ 6; [33-2] at 69. Between 1977 and 2011, LGC also sold
apple cider (Apple Haus Cider) containers with labels
depicting the term APPLE HAUS and the Red Apple:
¶ 6; [33-3] at 53.
addition to the Apple Haus Store, LGC also operated two
retail stores in North Suburban Chicago and sold apple pies
in the Apple Haus Pie Box at both stores.  ¶¶
8, 9. In addition, at various points between 1977 and 2011,
LGC sold apple pies in the Apple Haus Pie Box and Apple Haus
Cider to wholesale customers, including Lou Malnati's and
Oberweis Diary. Id. ¶ 10. At times between 1977
and 2011, LGC also participated in three major outdoor
festivals, each of which took place annually. Id.
¶ 11. During these festivals, LGC sold products bearing
the term APPLE HAUS. Id. ¶ 12.
closed the Apple Haus Store in December 2011. Id.
¶ 13. The Building has remained vacant ever since. 
¶ 5. After closing the Apple Haus Store, between
December 2011 and June 2013, LGC continued selling applies
pies in the Apple Haus Pie Box at its two other suburban
retail stores, at the Long Grove festivals, and to its
wholesale customers.  ¶¶ 14-15. During that
time period, LGC also continued selling the Apple Haus Cider
to at least one wholesale customer. Id.
Defendant's Asset Purchase of LGC
maintains a confectionery business. Id. ¶ 16.
In June 2013, Defendant and LGC entered into an asset
purchase agreement (the Agreement), under which Defendant
purchased certain assets, properties, and rights related to
LGC's business. Id. ¶¶ 18-19. Upon
acquiring LGC's assets, Defendant took over and continued
operating LGC's North Suburban retail stores, selling
frozen apple pies in the Apple Haus Pie Box at both
locations. Id. ¶ 33.
February 2017, Defendant purchased a new property located at
114-128 Old McHenry Road, Long Grove, Illinois. Id.
¶ 39. Later that year, Defendant opened two stores at
the new property-a coffee shop, and a store with a commercial
kitchen and bakery. Id. ¶ 40.
February 2018, Defendant began operating its new coffee shop
and the new store, where it sold baked ...