Promatek Industries v. Equitrac Corp

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

October 18, 2002

Before

Hon. RICHARD A. POSNER, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

No. 00-4276

Promatek Industries, Limited., Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division.

v.

No. 00 C 4999

Equitrac Corporation, Defendant-Appellant. Milton I. Shadur, Judge.

ORDER

The slip opinion issued in the above-entitled cause on August 13, 2002 is hereby amended as follows:

On page 9, the second-to-last sentence of the first paragraph (beginning “It is Equitrac’s use of the term...”) should be removed and replaced with the following: “The problem here is not that Equitrac, which repairs Promatek products, used Promatek’s trademark in its metatag, but that it used that trademark in a way calculated to deceive consumers into thinking that Equitrac was Promatek. Id.”

Immediately following the sentence to be inserted above, the following footnote should be inserted: “It is not the case that trademarks can never appear in metatags, but that they may only do so where a legitimate use of the trademark is being made.”