Huhtamaki v. Broadview - Complaint (Sans Exhibits)

Case: 1:22-cv-01815 Document #: 1 Filed: 04/07/22 Page 1 of 28 PageID #:1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
HUHTAMAKI, INC. )
)
Plaintiff, )
)
v. )
) Case No. 1:22-cv-1815
BROADVIEW PACKAGING, INC. )
d/b/a NORTHWEST ENTERPRISES )
)
Defendant. )
)
COMPLAINT
Plaintiff Huhtamaki, Inc. (“Huhtamaki” or “Plaintiff”), by their attorneys and for their
Complaint against Broadview Packaging, Inc., d/b/a/ Northwest Enterprises (“Northwest
Enterprises” or “Defendant”), alleges and states as follows:
NATURE OF THE ACTION
1. Huhtamaki brings this action to prevent Defendant Northwest Enterprises from
continuing its unlawful copying of Huhtamaki’s trade dress, to stop Defendant’s unethical
otherwise unlawful attempts to replace Huhtamaki’s products on U.S. store shelves and to
recover damages for Defendant’s unlawful infringement of Huhtamaki’s design patent.
2. For over fifteen years, consumers in this judicial district and nationwide have
been using the array of Huhtamaki’s Chinet® Cut Crystal® products when they want elegant
single-use dinnerware, drinkware, or cutlery without sacrificing quality or looks. Throughout this
time, Huhtamaki has manufactured its Cut Crystal® products in the United States to ensure that
consumers continue to receive the high-quality products they have come to associate with the
Cut Crystal® brand.
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3. Consumers have found Huhtamaki’s Chinet® Cut Crystal® products in numerous
grocery stores, club stores, and big-box stores within this district and throughout the state of
Illinois.
4. Consumers have long recognized the distinctive wave-like pattern on
Huhtamaki’s assortment of Cut Crystal® products and routinely purchased Huhtamaki’s fully
coordinated line of premium single-use tableware.
5. As a result, the Chinet® Cut Crystal® brand, trademarks, and its associated trade
dress are instantly recognizable to a large portion of the U.S. population, including residents of
this district, and are associated with Huhtamaki, its products and their considerable goodwill.
6. In furtherance of, and to protect, its efforts to address consumer recognition of the
wave-like pattern signifying the Cut Crystal® line of products, in 2006 Huhtamaki applied for,
and was granted, U.S. Design Patent D554,434 (the “’D434 Patent”) by the United States Patent
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and Trademark Office, giving Huhtamaki the exclusive right in the United States to make, use,
sale, and offer for sale the design depicted in the ’D434 Patent.
7. Northwest Enterprises has used the claimed design of the ’D434 Patent.
8. Northwest Enterprises manufactured, distributed, marketed, and offered for sale
clear plastic cups (the “Northwest Enterprises Cups”) that were substantially identical to
Huhtamaki’s Chinet® Cut Crystal® cups.
9. Northwest Enterprise’s copying of the Chinet® Cut Crystal® brand is neither
subtle nor nuanced, as shown by the below photo of a Northwest Enterprises Cup:
Defendant’s infringing Northwest Enterprises Cup
10. Northwest Enterprises offered the infringing Northwest Enterprises Cups for sale on
Amazon under several Amazon Standard Identification Numbers, including B07BRBH8N7,
B07C9HG3SR, B08DL6HY5D, B07DJGWLP3, B07DJLV2VS, and B08DL8Q5QR.
11. Northwest Enterprises also offered the infringing Northwest Enterprises Cups for sale on
its website, including at the following URLs:
https://www.nwparty.com/product/9-oz-wave-crystal-tumblers-100-ct/
https://www.nwparty.com/product/9-oz-wave-crystal-tumblers-clear-20-ct/
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12. Northwest Enterprises copied nearly every distinctive feature of the Chinet Cut
Crystal Trade Dress, as defined in Section A below, into its competing product. From the clear,
crystal-like, color to the distinctive wave pattern up the cup sidewall, Defendant Northwest
Enterprises’s knockoff product is nearly a complete clone of Huhtamaki’s cups that feature the
Cut Crystal Trade Dress.
13. As a result of Northwest Enterprises’s unlawful actions, Huhtamaki has suffered,
and continues to suffer, irreparable harm.
14. To stop this unlawful conduct, and to recover the damages caused by it,
Huhtamaki brings this action for injunctive and monetary relief for patent infringement in
violation of Section 271 of Title 35 in the United States Code (35 U.S.C. § 271); false
designations of origin and trade dress infringement in commerce in violation of Section 43 of the
Lanham Act (15 U.S.C. § 1125) and the common law; unfair competition in violation of the
Uniform Deceptive Trade Practices Act (815 ILCS 510 et. seq.) and the common law; and unjust
enrichment in violation of Illinois common law.
THE PARTIES, JURISDICTION, AND VENUE
15. Plaintiff Huhtamaki is an American company with its principal place of business
at 9201 Packaging Drive, De Soto, KS 66018.
16. Huhtamaki is the owner of the ’D434 Patent and the Cut Crystal Trade Dress,
identified below, associated with the Chinet Cut Crystal plates, cups, and cutlery described
below.
17. On information and belief, defendant Northwest Enterprises is a corporation
organized under the laws of the State of Illinois and with its principal place of business at 900
Lunt Avenue, Elk Grove Village, IL 60007.
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18. On information and belief, Defendant infringed the ’D434 Patent and used the Cut
Crystal Trade Dress in commerce in connection with the importation from China and offering,
selling, and distributing the infringing Northwest Enterprises Cups without Huhtamaki’s consent,
within this judicial district and beyond.
19. On information and belief, Defendant’s acts of knocking off Huhtamaki’s well-
known and distinctive Cut Crystal Trade Dress and the design claimed in the ’D434 Patent was
done willfully and in bad faith, with actual knowledge of and in complete disregard of
Huhtamaki’s rights in the ’D434 Patent and the Cut Crystal Trade Dress, or at least done with
objective recklessness and willful blindness that their acts constituted, induced, or contributed to
infringement.
20. On information and belief, Defendant committed acts of intellectual property
infringement, unfair competition, and has been unjustly enriched within this judicial district and
beyond.
21. This Court has jurisdiction over the disputes detailed herein because this is an
action at least partly arising under the Patent Act, 35 U.S.C. § 1, et seq., the Trademark Act of
1946, as amended, 15 U.S.C. § 1051, et seq. (the Lanham Act), jurisdiction being conferred in
accordance with 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338. This Court also has subject
matter jurisdiction over this dispute under 28 U.S.C. § 1332(a)(1) because there is complete
diversity of citizenship among the parties and the amount in controversy, exclusive of interest
and costs, exceeds $75,000. This Court also has jurisdiction for the claims made under Illinois
statutory and common law in accordance with the principles of supplemental jurisdiction
pursuant to 28 U.S.C. § 1367.
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22. This Court has personal jurisdiction over Northwest Enterprises because, on
information and belief, it resides and has substantial contacts in the State of Illinois and within
this judicial district. Furthermore, and on information and belief, Northwest Enterprises has
deliberately engaged in significant and continuous business activities within Illinois.
23. Venue is proper in this district under 28 U.S.C. § 1400(b) because Defendant
Northwest Enterprises resides within this district. Furthermore, venue is proper because
Defendant Northwest Enterprises has a regular and established place of business within this
district from which it has committed acts of infringement.
24. Venue is further proper in this district under 28 U.S.C. § 1391 because Defendant
Northwest Enterprises resides within this district and has committed and continue to commit acts
in this judicial district and a substantial part of the events giving rise to the claims alleged herein
occurred in this district, and also under 28 U.S.C. § 1391, because Defendant is subject to this
Court’s personal jurisdiction for purposes of this case.
FACTUAL BACKGROUND
A. Consumers Have Trusted Huhtamaki to Offer Quality Products For More

Than 100 Years.
25. Huhtamaki’s parent company was founded in 1920 in Finland as a confectionary
company. In 1960, Huhtamaki entered the packaging industry. By the mid to late-1990’s,
Huhtamaki had become the market leader in food packaging and single-use tableware in
numerous markets. Today, Huhtamaki and its affiliated entities are solely focused on the
packaging sector, employing over 18,000 employees, and Huhtamaki is a pioneer in exploring
and using new sustainable materials, such as bio-plastics and recyclable materials.
26. For many years, Huhtamaki has engaged in the development, manufacture, and
sale of quality single-use dinnerware and drinkware. Huhtamaki created unique, distinctive, and
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non-functional designs, including products sold under the Chinet® brand, which it has
extensively and continuously promoted and used in Illinois and throughout the United States for
decades, including the claimed design of the ’D434 Patent. Through that extensive and
continuous promotion and use, inter alia, the Huhtamaki Cut Crystal Trade Dress, defined
below, have become well-known indicators of the origin and quality of Huhtamaki single-use
dinnerware and drinkware. These Huhtamaki designs have also acquired substantial secondary
meaning in the marketplace.
27. The Chinet® brand was built on a strong foundation of American innovation.
Founded in 1903, Keyes Fibre, to which Huhtamaki is the successor in interest, developed
proprietary technology for manufacturing single-use molded fiber plates and other products
known for their strength and durability. The company began offering its molded fiber products
under Chinet® brand in 1933 and began offering its plastic products under Chinet® brand in
1981.
28. In approximately 2005, Huhtamaki began development of what consumers today
know as the Cut Crystal® brand. Prior to Huhtamaki’s efforts, consumers used disposable
tableware for less formal events and those events with larger guest lists. For these events,
consumers often used lower-quality products.
29. Huhtamaki conducted numerous market studies and investigations in or around
summer 2005. As a result of Huhtamaki’s work, Huhtamaki saw a market opportunity to develop
and encourage use for a “coordinated collection” of single-use tableware, including plates, cups,
and wineglasses of various sizes. Prior to Huhtamaki’s efforts, no company offered such a
“coordinated collection” of products.
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30. Prior to the introduction of the Cut Crystal products, consumers elected to use
glass products for formal or other special occasions. Alternatively, including when the number of
guests exceed the number of glassware available, consumers used plates and napkins to dress the
table. Those few consumers that purchased higher quality single use cups were forced to
separately shop at party supply stores because grocery stores and “one-stop” stores like Walmart
and Target did not carry higher quality single use cups.
31. Consumers wanting to host special-event occasions such as wedding receptions,
bridal showers, birthdays, and Mother’s Day celebrations were forced to use lower-quality and
less visually appeasing products, such as colored plastic cups and paper plates. After
Huhtamaki’s introduction of the Cut Crystal® brand, however, consumers were able to select
cups and plates that matched the importance and atmosphere of these special events.
32. Huhtamaki tested various designs for its single use products with consumers in
market studies and focus groups. As a result of Huhtamaki’s exhaustive research and design
efforts, Huhtamaki created and introduced a distinctive wave-like pattern that it featured on its
single-use cup and plate products.
33. Huhtamaki first introduced its wave-like pattern on single-use cups. On July 25,
2006, Huhtamaki filed a design patent application. The USPTO, recognizing the unique and
protectable design on Huhtamaki cup products, issued the ’D434 Patent, which has subsequently
been assigned to Huhtamaki, Inc. An exemplary view of the claim of the ’D434 Patent is
displayed in the illustration below:
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34. A true and correct copy of the ’D434 Patent is attached as Exhibit 1. The ’D434
Patent expired on or around November 6, 2021.
35. Huhtamaki subsequently introduced additional products, each featuring the wave-
like pattern customers have come to know, recognize as distinctive, and associate with the
quality Cut Crystal® products.
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36. Consumers recognize several products that feature the wave-like pattern,
including the Cut Crystal® 10” dinner plate and 7” dessert plate, the Cut Crystal® 14 oz., 10 oz.,
and 9 oz. cups, and the Cut Crystal® stemless wine glass.
37. When applied to its dinner and dessert plates, the wave-like pattern extends
radially and is located on the outer edge of the translucent plate, allowing the center of the plate
to be loaded with food.
38. Huhtamaki utilizes this design on its 10” dinner plate, shown below:
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39. Huhtamaki also utilizes this design on its 7” dessert plate, shown below:
40. These features, alone or in combination, and including the overall look and
appearance of the 10” dinner plate and the 7” dessert plate are collectively hereafter referred to
as the “Cut Crystal Plate Trade Dress.”
41. When applied to its drinkware, the wave-like pattern runs axially in a vertical
manner.
42. Huhtamaki utilizes this design on its 9 oz translucent cup, shown below:
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43. Huhtamaki also utilizes this design on its 14 oz and 10 oz translucent cups, shown
below:
44. Huhtamaki also utilizes this design on its stemless wine glass product, shown
below:
45. These features, alone or in combination, and including the overall look and
appearance of the 14 oz. cup, 10 oz. cup, 9 oz. cup, and stemless wine glass are collectively
hereafter referred to as the “Cut Crystal Cup Trade Dress.”
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46. Collectively, the Cut Crystal Plate Trade Dress and Cut Crystal Cup Trade Dress
are referred to herein as the “Cut Crystal Trade Dress”.
47. Each of the Huhtamaki Cut Crystal products features a consistent overall look
involving a wave design prominently featured on the product. Huhtamaki promotes the overall
look of its products in its advertisements and promotions by encouraging consumers to look for
the “fully coordinated line of premium disposable tableware.”
48. Huhtamaki has never offered products that feature its wave-like pattern on any
“private label” or “house label” product. Since its introduction in or around 2005, Huhtamaki’s
use of the wave-like pattern on single use plates, cups, and other disposable tableware products
tells consumers only that the product belongs to the Cut Crystal product line.
49. Huhtamaki has used the Cut Crystal Trade Dress pictured above on its Cut
Crystal® branded products at least as early as 2008 and through the present date. Huhtamaki is
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currently using the Cut Crystal Trade Dress in commerce and in connection with its sale of
products in the United States.
50. The Cut Crystal Trade Dress is non-functional and distinctive.
51. The Cut Crystal Trade Dress has been extensively and continuously used by
Huhtamaki and has become distinctive through the acquisition of secondary meaning.
52. Since Huhtamaki first began using the Cut Crystal Trade Dress in 2008, over $19
million has been spent in the United States to advertise and promote the Cut Crystal Trade Dress
in the United States. Huhtamaki has spent over $12 million in the United States to advertise and
promote the Cut Crystal Trade Dress within the five years prior to Defendant’s unfair and illegal
entry into the marketplace.
53. The design claimed in the ’D434 Patent and the Cut Crystal Trade Dress is
prominently displayed in Huhtamaki’s advertising and promotional materials, which encourage
consumers to look for the “fully coordinated” Cut Crystal® products:
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54. Examples of Huhtamaki’s advertising are attached as Exhibit 2.
55. Huhtamaki advertises and promotes the Cut Crystal Trade Dress and brand in the
United States through various means, including traditional media—such as Food and Garden
magazine and HGTV—and digital media—such as podcasts and social media.
56. Huhtamaki’s advertising and promotion efforts have resulted in over 1.7 billion
advertisement impressions, including over 1.2 billion advertisement impressions within the
previous five years.
57. Huhtamaki also extensively promotes the Cut Crystal Trade Dress through social
media. Huhtamaki’s efforts have resulted in over 21 million impressions and substantial
engagement by Cut Crystal fans and consumers.
58. As a result of Huhtamaki’s efforts, the Cut Crystal Trade Dress and brand have
become household names among the general consuming public in the United States. In addition,
the Cut Crystal Trade Dress and products have been widely successful in Illinois, including
within this district. Whereas prior to the introduction of the Cut Crystal® products consumers
lacked options for a coordinated collection of single use plates, cups, and associated tableware
products, after Huhtamaki’s efforts in developing the market, numerous other companies offered
similar products, including several retailers that offered private label products. After discovering
that consumers demanded the Cut Crystal® products specifically, however, many of these
retailers stopped offering their competing private label products, choosing instead to simply offer
the Cut Crystal® products.
B. Defendant Copied Huhtamaki’s Signature Cut Crystal Design.
59. On information and belief, Defendant was well-aware and envious of the
tremendous success Huhtamaki has worked to achieve with the ’D434 Patent and its Cut Crystal
Trade Dress and sought to trade off the goodwill and piggyback on Huhtamaki’s success.
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60. The Northwest Enterprises Cups infringe the ’D434 Patent as described below.
Moreover, the Northwest Enterprises Cups copy the distinctive features of the Cut Crystal Trade
Dress. Specifically, the Northwest Enterprises Cups feature the translucent material and the
design, appearance, and placement of the wave-like pattern on the sidewall of the cup.
Infringing Northwest Enterprises Cup
61. The Cut Crystal Trade Dress is protectable and infringed. The Cut Crystal Trade
Dress is intended to be and has the effect of signifying the source of the products and is not
merely utilitarian. Specifically, the Cut Crystal Trade Dress is not a common or basic shape
and/or design, but rather is distinctive, including the clear material.
62. On information and belief, Defendant imports the infringing Northwest
Enterprises Cups into the United States and subsequently sells such products throughout the state
of Illinois, including within this district.
63. On information and belief, Defendant Northwest Enterprises has its principal
place of business at 900 Lunt Avenue, Elk Grove Village, IL 60007, from which it sells its
products including the Northwest Enterprises Cups.
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64. Prior to 2021, Northwest Enterprises sold the infringing Northwest Enterprises
Cups from its headquarters in Elk Grove Village and online, including via Amazon.com.
Defendant sold the infringing Northwest Enterprises Cups under several Amazon Standard
Identification Numbers (“ASINs”), including B07BRBH8N7, B07C9HG3SR, B08DL6HY5D,
B07DJGWLP3, B07DJLV2VS, and B08DL8Q5QR.
65. In or around April 2021, Huhtamaki filed multiple infringement reports with
Amazon relating to Defendant’s listing of the Northwest Enterprises Cups using these AISNs. As
a result, Amazon removed some or all of the identified ASINs.
66. Following the removal of the Northwest Enterprises Cups from the Amazon
website, Defendant Northwest Enterprises also stopped selling the Northwest Enterprises Cups
from its headquarters in Elk Grove Village, Illinois.
67. On information and belief, although Northwest Enterprises currently is not selling
the infringing Northwest Enterprises Cups, it intends to do so in the future despite clear
knowledge and awareness of Huhtamaki’s intellectual property rights. For example, Northwest
Enterprises still lists the infringing Northwest Enterprises Cups in its retail catalog, but simply
lists that the items are currently “unavailable.”
Exhibit 3 at 6.
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C. Defendant Has Caused Huhtamaki Significant and Irreparable Harm and

Risks Continuing to Do So.
68. In addition to monetary damages, Huhtamaki has suffered, and continues to
suffer, irreparable harm from Defendant’s actions.
69. In developing, marketing, distributing, and selling the Northwest Enterprises
Cups, Defendant has gone beyond fair competition and instead elected to adopt a trade dress that
has, and will, confuse consumers into thinking they are buying Huhtamaki’s Cut Crystal
products.
70. If Defendant is permitted to continue its behavior, Huhtamaki will suffer
irreparable harm. Most obviously, it will lose market share, as customers are confused into
buying Defendant’s Northwest Enterprises Cups when they intended to buy Huhtamaki’s Cut
Crystal products.
71. Further, Huhtamaki has spent considerable time and expense in gaining the
loyalty of retailers and shelf space for its products. If Northwest Enterprises Cups succeeds in
gaining that shelf space by virtue of their confusingly similar products and packaging,
Huhtamaki may never be able to regain that shelf space, even if this Court later enjoins
Defendant from selling the accused products after a trial on the merits.
COUNT I: PATENT INFRINGEMENT OF THE ’D434 PATENT
72. Huhtamaki incorporates by reference each and every allegation contained above as
if fully set forth herein.
73. Defendant has infringed the ’D434 Patent by making, using, importing, selling,
and/or offering for sale, in this district and elsewhere, the Northwest Enterprises Cups without
Huhtamaki’s consent or permission.
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74. Defendant has also actively, knowingly, and intentionally aided and abetted and
induced infringement of the ’D434 Patent by non-parties in violation of 35 U.S.C. § 271(b),
including retail stores and end-users, despite Defendant’s knowledge of the ’D434 Patent.
75. The Northwest Enterprises Cups infringed the ’D434 Patent because, through the
eyes of an ordinary observer familiar with the prior art, the design of the Northwest Enterprises
Cups have appropriated the claimed design as a whole.
76. As shown in the images below, the infringing Northwest Enterprises Cups have
substantial similarities to the patented design of the ’D434 Patent, including, but not limited to, a
frustoconical cup having a repeating wave-like pattern design formed around the sidewall of the
cup:
77. Defendant’s actions in infringing the ’D434 Patent was willful, deliberate, and/or
in conscious disregard of Huhtamaki’s rights, making this an exceptional case within the meaning
of 35 U.S.C. § 285.
78. As a result of Defendant’s infringing activities, Huhtamaki sustained damages in
an amount to be proven at trial.
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79. Defendant’s infringing activities have caused Huhtamaki irreparable harm for
which there is no adequate remedy at law, including, without limitation, damage to Huhtamaki’s
reputation as suppliers of high-quality fancy single-use dinnerware and drinkware and loss of
customers and placement on retail store shelf space.
COUNT II: FALSE DESIGNATION OF ORIGIN / TRADE DRESS INFRINGEMENT

(15 U.S.C. § 1125(a)(1)(A))
80. Huhtamaki incorporates by reference each and every allegation contained above
as if fully set forth herein.
81. Defendant used in commerce a symbol or device, or a false designation of origin,
false or misleading description of fact or false or misleading representation of fact in violation of
Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), which was, or is likely, to
cause confusion or to cause mistake, or to deceive as to an affiliation or association with
Huhtamaki as to the origin, sponsorship, or approval of Defendant’s products by Huhtamaki.
82. Defendant’s use of the infringing Northwest Enterprises Cups infringes
Huhtamaki’s Cut Crystal Cup Trade Dress.
Infringing Northwest Enterprises Cup
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83. The purchasing public is likely to attribute to Defendant’s use of the Cut Crystal
Trade Dress as a source of origin, sponsorship, approval, and/or authorization for the products
Defendant sells and, further, purchase products from Defendant in the erroneous belief that
Defendant’s products are authorized by, associated with, sponsored by, or affiliated with
Huhtamaki, when they are not.
84. Defendant’s actions have been conducted intentionally and willfully, with the
express intent to cause confusion and mistake, to deceive and mislead the purchasing public, to
trade upon the high-quality reputation of Huhtamaki, and/or to improperly appropriate to itself
the valuable Cut Crystal Trade Dress.
85. Defendant’s unlawful conduct has deceived, and is likely to continue to deceive, a
material segment of the consumers to whom Defendant has directed its marketing activities.
Defendant’s false and/or misleading statements are material in that they are likely to influence
consumers to purchase products from Defendant and cause competitive and other commercial
injuries to Huhtamaki. Defendant has made, and continues to make, false and/or misleading
statements with the intent to cause confusion and mistake, or to deceive the public into believing
that Defendant’s products are authorized by, associated with, sponsored by, or affiliated with
Huhtamaki, when they are not. Huhtamaki has been damaged as a result.
86. As a result of Defendant’s misconduct, Huhtamaki has suffered, and will continue
to suffer, irreparable harm to its goodwill and reputation with both its customers, authorized
distributors, and retail partners.
87. Huhtamaki has no adequate remedy at law for the above immediate and
continuing harm. Huhtamaki has been and—absent injunctive relief—will continue to be
irreparably harmed by Defendant’s actions.
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COUNT III: COMMON LAW TRADEMARK INFRINGEMENT
89. The acts complained of herein constitute trademark infringement in violation of
the common law of the State of Illinois and elsewhere.
90. As a direct and proximate result of Defendant’s conduct, Huhtamaki has suffered
damages to the Cut Crystal Trade Dress, including the Cut Crystal Cup Trade Dress, and brand
and other damages in an amount to be proved at trial.
91. Huhtamaki is entitled to, among other things, an order enjoining and restraining
Defendant from selling any Northwest Enterprises Cups, as well as to Defendant’s profits,
Huhtamaki’s reasonable attorneys’ fees, and any other remedies provided for under the law.
COUNT IV: DECEPTIVE TRADE PRACTICES UNDER

THE UNIFORM DECEPTIVE TRADE PRACTICES ACT
(815 ILCS §510 et seq.)
93. Defendant Northwest Enterprises, by reason of its acts of trade dress infringement
and false designation of origin, false description and/or representation, has committed deceptive
trade practices, under the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS § 510/2 by
causing confusion and/or misunderstanding as to the source, sponsorship, or approval of the
Northwest Enterprises Cups.
94. Defendant’s deceptive trade practices and violations of 815 ILCS § 510/2 were
willful.
95. Huhtamaki has suffered and will continue to suffer irreparable harm and damage
as a result of Defendant’s deceptive trade practices in an amount not yet ascertainable, to be
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proven at trial, entitling Huhtamaki to injunctive relief, attorneys’ fees and costs, under 815
ILCS § 510/3.
COUNT V: COMMON LAW UNFAIR COMPETITION
97. The acts complained of herein constitute unfair competition in violation of the
common law of the State of Illinois and elsewhere.
98. As a direct and proximate result of Defendant’s unfair competition, Huhtamaki
has suffered irreparable harm to the valuable Cut Crystal Trade Dress, including the Cut Crystal
Cup Trade Dress, and brand and its reputation in the industry. Unless Defendant’s conduct is
restrained, Huhtamaki will continue to be irreparably harmed.
99. Huhtamaki has no adequate remedy at law that will compensate for the continued
and irreparable harm it will suffer if Defendant’s acts are allowed to continue.
has suffered damages, including lost profits and damages to the valuable Cut Crystal Trade
Dress, including the Cut Crystal Cup Trade Dress, and brand and other damages in an amount to
be proved at trial.
COUNT VI: COMMON LAW UNFAIR COMPETITION BY MISAPPROPRIATION
102. The acts complained of herein constitute unfair competition by misappropriation
in violation of the common law of the State of Illinois and elsewhere.
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103. Huhtamaki created the Cut Crystal Trade Dress, including the Cut Crystal Cup
Trade Dress, and the products on which such Trade Dress is authorized to appear in the United
States through extensive time, labor, skill, and money.
104. Defendant’s use of the Cut Crystal Cup Trade Dress in its sales and offers to sell
the accused Northwest Enterprises Cups creates competition with Huhtamaki, thereby conferring
Defendant with a special advantage in that competition because Defendant is burdened with little
or none of the expense Huhtamaki incurred.
has suffered irreparable harm to the valuable Cut Crystal Trade Dress and brand and its
reputation in the industry. Unless Defendant’s conduct is restrained, Huhtamaki will continue to
be irreparably harmed.
106. Huhtamaki has no adequate remedy at law that will compensate for the continued
and irreparable harm it will suffer if Defendant’s acts are allowed to continue.
has suffered damages, including lost profits and damages to the valuable Cut Crystal Trade
Dress, including the Cut Crystal Cup Trade Dress, and brand and other damages in an amount to
be proved at trial.
COUNT VII: UNJUST ENRICHMENT
109. By selling the Northwest Enterprises Cups bearing Huhtamaki’s valuable Cut
Crystal Cup Trade Dress, Defendant has been unjustly enriched to Huhtamaki’s detriment, in
violation of the common law of Illinois and elsewhere.
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110. Defendant’s unjust enrichment at Huhtamaki’s expense has been intentional,
willful, and malicious. Defendant’s bad faith is evidenced at least by Defendant’s copying of
Huhtamaki’s Cut Crystal Cup Trade Dress in an effort to sell the Northwest Enterprises Cups
and by Defendant’s continuing disregard for Huhtamaki’s intellectual property rights.
Under principles of equity, Huhtamaki is entitled to damages, restitution, disgorgement of
Defendant’s ill-gotten gains, and/or injunctive relief.
PRAYER FOR RELIEF
WHEREFORE, Huhtamaki prays for judgment as follows:
A. For judgment that Defendant Northwest Enterprises:
1. infringed the ’D434 Patent in violation of § 271 of Title 35 in the United States
Code, and that such infringement was willful;
2. engaged in False Designation of Origin and Trade Dress Infringement in violation
of 15 U.S.C. § 1125(a)(1)(A);
3. engaged in Trademark Infringement in violation of the common law of the State
of Illinois.
4. engaged in Unfair Competition in violation of the Uniform Deceptive Trade
Practices Act (815 ILCS 510 et. seq.);
5. engaged in Unfair Competition in violation of the common law of the State of
Illinois;
6. engaged in Unfair Competition by Misappropriation in violation of the common
law of the State of Illinois; and
7. been unjustly enriched at Huhtamaki’s expense.
B. For a permanent injunction:
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1. Against further infringement of Huhtamaki’s Cut Crystal Cup Trade Dress and
further acts of unfair competition, misappropriation, and/or unjust enrichment by
Defendant; and
2. Requiring that Defendant recall from any and call channels of distribution,
including but not limited to distribution and retailers, any and all infringing
products and promotional material for the Northwest Enterprises Cups; and
C. An order:
1. Awarding Huhtamaki damages adequate to compensate Huhtamaki for the patent
infringements that have occurred pursuant to 35 U.S.C. § 284, but in no event less
than a reasonable royalty, or an award of Defendant’s profits from their patent
infringements pursuant to 35 U.S.C. § 289, whichever is greater, together with
prejudgment interest and costs and reasonable attorney fees, pursuant to 35 U.S.C.
§§ 284 and 285;
2. Awarding Huhtamaki, under 15 U.S.C. § 1117, all profits received by Defendant
from the sales and revenue of any kind made as a result of Defendant’s sales of
the Northwest Enterprises Cups, and damages, to be determined, that Huhtamaki
has suffered as a result of Defendant’s sales and marketing of the Northwest
Enterprises Cups, including but not limited to Huhtamaki’s lost profits, price
erosion, and damages awarded pursuant to 15 U.S.C § 1117 trebled;
3. Awarding Huhtamaki’s attorneys’ fees and costs;
4. Awarding Huhtamaki’s damages, attorneys’ fees, and costs to the fullest extent
provided for by the United States statute and the common law of Illinois,
including exemplary and punitive damages;
26
5. Awarding Huhtamaki pre-judgment and post-judgment interest;
6. Directing the destruction of all Northwest Enterprises Cups found to infringe
Huhtamaki’s Cut Crystal Cup Trade Dress and other means of making the
Northwest Enterprises Cups in Defendant’s possession, custody, or control, and
all advertising materials related to the Northwest Enterprises Cups in Defendant’s
possession, custody, or control, including on the Internet, pursuant to at least 15
U.S.C. § 1118; and
7. Awarding Huhtamaki such other and further relief as this Court deems just and
equitable.
JURY DEMAND
Huhtamaki demands trial by jury on all matters triable by jury.
27
Dated: April 7, 2022 Respectfully submitted,
By: /s/ Ryan B. Hauer

Ryan B. Hauer
Illinois Bar No. 6320758
Ryan.Hauer@HuschBlackwell.com
Husch Blackwell LLP

120 South Riverside Plaza, Suite 2200
Chicago, IL 60606
Telephone: (312) 655-1500
Facsimile: (312) 655-1501
Michael R. Annis
Mike.Annis@huschblackwell.com
Husch Blackwell, LLP

190 Carondelet Plaza, Suite 600
St. Louis, MO 63105
Telephone: (314) 480-1500
Facsimile: (314) 480-1505
Dustin L. Taylor
Dustin.Taylor@huschblackwell.com
Husch Blackwell, LLP

1801 Wewatta Street, Suite 1000
Denver, CO 80202
Telephone: (303) 749-7200
Facsimile: (303) 749-7272
Attorneys for Plaintiff Huhtamaki, Inc.
28

Huhtamaki v. Broadview - Complaint (Sans Exhibits)

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Huhtamaki v. Broadview - Complaint (Sans Exhibits)

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Case: 1:22-cv-01815 Document #: 1 Filed: 04/07/22 Page 1 of 28 PageID #:1

IN THE UNITED STATES DISTRICT COURT

Complaint against Broadview Packaging, Inc., d/b/a/ Northwest Enterprises (“Northwest

Enterprises” or “Defendant”), alleges and states as follows:

NATURE OF THE ACTION

1. Huhtamaki brings this action to prevent Defendant Northwest Enterprises from

recover damages for Defendant’s unlawful infringement of Huhtamaki’s design patent.

Cut Crystal® brand.

3. Consumers have found Huhtamaki’s Chinet® Cut Crystal® products in numerous

4. Consumers have long recognized the distinctive wave-like pattern on

coordinated line of premium single-use tableware.

8. Northwest Enterprises manufactured, distributed, marketed, and offered for sale

Huhtamaki’s Chinet® Cut Crystal® cups.

9. Northwest Enterprise’s copying of the Chinet® Cut Crystal® brand is neither

Defendant’s infringing Northwest Enterprises Cup

Amazon under several Amazon Standard Identification Numbers, including B07BRBH8N7,

B07C9HG3SR, B08DL6HY5D, B07DJGWLP3, B07DJLV2VS, and B08DL8Q5QR.

its website, including at the following URLs:

Cut Crystal Trade Dress.

13. As a result of Northwest Enterprises’s unlawful actions, Huhtamaki has suffered,

and continues to suffer, irreparable harm.

enrichment in violation of Illinois common law.

THE PARTIES, JURISDICTION, AND VENUE

at 9201 Packaging Drive, De Soto, KS 66018.

17. On information and belief, defendant Northwest Enterprises is a corporation

Lunt Avenue, Elk Grove Village, IL 60007.

within this judicial district and beyond.

20. On information and belief, Defendant committed acts of intellectual property

pursuant to 28 U.S.C. § 1367.

deliberately engaged in significant and continuous business activities within Illinois.

district from which it has committed acts of infringement.

Court’s personal jurisdiction for purposes of this case.

A. Consumers Have Trusted Huhtamaki to Offer Quality Products For More

25. Huhtamaki’s parent company was founded in 1920 in Finland as a confectionary

meaning in the marketplace.

28. In approximately 2005, Huhtamaki began development of what consumers today

consumers often used lower-quality products.

29. Huhtamaki conducted numerous market studies and investigations in or around

“coordinated collection” of products.

31. Consumers wanting to host special-event occasions such as wedding receptions,

single-use cup and plate products.

displayed in the illustration below:

Patent expired on or around November 6, 2021.

quality Cut Crystal® products.

to be loaded with food.

as the “Cut Crystal Plate Trade Dress.”

hereafter referred to as the “Cut Crystal Cup Trade Dress.”

are referred to herein as the “Cut Crystal Trade Dress”.

the “fully coordinated line of premium disposable tableware.”

products in the United States.

50. The Cut Crystal Trade Dress is non-functional and distinctive.

entry into the marketplace.

prominently displayed in Huhtamaki’s advertising and promotional materials, which encourage

consumers to look for the “fully coordinated” Cut Crystal® products:

54. Examples of Huhtamaki’s advertising are attached as Exhibit 2.

magazine and HGTV—and digital media—such as podcasts and social media.

previous five years.

engagement by Cut Crystal fans and consumers.

the Cut Crystal® products.

B. Defendant Copied Huhtamaki’s Signature Cut Crystal Design.

Infringing Northwest Enterprises Cup

and/or design, but rather is distinctive, including the clear material.