Zuber Lawler Obtains Sanctions Victory Against “Schedule A” Plaintiff
September 12, 2023 | Press
Zuber Lawler, led by Chicago partner Brian Beck, obtained a victory for its client RJITSCT LLC dba Respect The Look, including sanctions and a fee award against a “Schedule A” plaintiff. Respect The Look sells memorabilia online including a variety of decorative flags. It was surprised to find its PayPal account frozen around December 2021 when a Vietnamese flag company, Expeditee, brought a “Schedule A” case and obtained an ex parte TRO in the Northern District of Illinois falsely accusing Respect The Look of counterfeiting its “FLAGWIX” trademark. Zuber Lawler succeeded in getting the TRO dissolved, defeated the preliminary injunction, and thereafter moved for terminating sanctions and attorney fees.
On September 6, the Court granted Respect The Look’s motion, dismissing all claims against Respect The Look with prejudice and awarding Respect The Look its attorney fees as a sanction. The Court found that Expeditee and its counsel had committed fraud on the court, and praised Beck for his zealous representation:
“… given that Respect the Look was not properly served until after it entered its appearance and moved for sanctions, it is very likely that without Beck’s quick work, Expeditee would have received no warning of its misconduct before the preliminary injunction hearing.”