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BRETFORD MFG., INC. v. SMITH SYSTEM MFG. CO.

No. 98 V 0287.

286 F.Supp.2d 969 (2003)

BRETFORD MANUFACTURING, INC., Plaintiff, v. SMITH SYSTEM MANUFACTURING COMPANY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

October 7, 2003.

Attorney(s) appearing for the Case

Bart Allen Lazar, Michael Dale Wexler, Eric W. Gallender, Brinks, Hofer, Gilson & Lione, Charles Chejfec, Katten Muchin Zavis Rosenman, Theodore John Koerth, Chicago, IL, for Plaintiffs.

Robert M. Newbury, Brett A. August, Bradley Louis Cohn, Kathryn Elizabeth Ross, Sanjiv D. Sarwate, Victor Sapphire, Pattishall, McAuliffe, Newbury, Hillard & Geraldson, Thomas J. Wimbiscus, Alejandro Menchaca, McAndrews, Held & Malloy, P.C., Nerissa A. McGinn, Loeb & Loeb, Chicago, IL, for Defendant.

ORDER

GRADY, District Judge.

On June 5, 2001, after an evidentiary hearing, we ruled that the defendant, Smith System Manufacturing Company, had engaged in "reverse passing off" in violation of § 43(a) of the Lanham Act when it used a leg from a table manufactured by the plaintiff, Bretford Manufacturing, Inc., as part of a table it submitted to the Dallas Independent School District ("District") as a sample. Smith's bid was accepted by the School...

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