7-Eleven, Inc. v. Spear, No. 10 C 6697, Slip Op. (N.D. Ill. May 11, 2012) (Dow, J.).
Judge Dow granted summary judgment to plaintiff 7-Eleven in this contract and Lanham Act case after defendants (collectively “Vianna”) failed to respond to 7-Eleven’s Local Rule 56.1 statements of fact or submit its own supplemental statements of fact. The Court accepted all of 7-Eleven’s facts and found for 7-Eleven as to liability issues. The Court, however, declined to grant summary judgment of injunctive relief or Lanham Act damages.
While 7-Eleven showed economic changes, neither party specifically addressed the permanent injunction factors. So, additional briefing was required before a permanent injunction could be decided.
7-Eleven did not meet its burden of proof with respect to Lanham Act damages because it did not provide evidence of actual lost sales, profits or goodwill. That would require detailed affidavits or evidence showing lost revenue, profits or goodwill.