Trademark & Licensing; Intellectual Property
American InterContinental University, Inc. v. American University (N.D. Ill. Aug. 14, 2017)
Memorandum Opinion and Order granting Plaintiffs leave to propose an appropriate jurisdiction for transfer. Career Education Corporation (CEC), the parent corporation of American InterContinental University, Inc. (AICU), filed a trademark application for the mark “American InterContinental University” and a logo. American University (AU) filed an opposition to the application, claiming a likelihood of confusion with AU's registered marks. CED and AICU then filed suit requesting a declaratory judgment that their trademark does not infringe on AU's trademarks, that their continued use of their marks does not violate state law, that any claims of infringement brought by AU are limited by the defenses of laches and acquiescence, and that AU's registered trademark is invalid due to abandonment and lack of ownership. AU has moved to dismiss the suit for lack of personal jurisdiction. The court found that it lacked personal jurisdiction over AU because the University is not based in Illinois and the suit did not arise out of AU’s contacts with Illinois. However, the court reserved its dismissal of the case until it has had the opportunity to consider the possibility of transfer.