Keeper Security, Inc. v. Keeper Tax Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

KEEPER SECURITY, INC., ) ) Plaintiff, ) ) v. ) Case No. 1:23-cv-01043 ) KEEPER TAX INC., ) Hon. LaShonda A. Hunt ) Mag. Judge Maria Valdez Defendant. )

PLAINTIFF KEEPER SECURITY INC.’S MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 50(b) Plaintiff, Keeper Security, Inc. (“Keeper” or “Plaintiff”), hereby moves pursuant to U.S.C. Fed. R. Civ. Proc. 50(b) for judgment as a matter of law. Based on the overwhelming unrebutted evidence presented by Plaintiff, no rational juror could have found for the Defendant Keeper Tax, Inc. (“Keeper Tax” or “Defendant”) on the issue of trademark infringement. Campbell v. Miller, 499 F.3d 711, 719 (7th Cir. 2007). Therefore, Plaintiff respectfully requests that this Court vacate the jury verdict reached in this case. In the alternative, Plaintiff respectfully requests that this Court grant a new trial. Dated: October 28, 2024 Respectfully submitted,

/s/ Dean D. Niro__________________ Dean D. Niro (dniro@vvnlaw.com) Nicholas Niro (nniro@vvnlaw.com) Vitale, Vickrey, Niro, Solon & Gasey LLP 311 S. Wacker Drive, Suite 2470 Chicago, IL 60606 (312) 236-0733 (312) 236-3137 Facsimile

Attorneys for Plaintiff Keeper Security, Inc.