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CHICAGO– Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, announced that the U.S. District Court for the Northern District of Illinois – Eastern Division has ruled in favor of its client Tuxedos, Inc. by denying a Motion for Preliminary Injunction that had been filed by After Hours Formalwear, in the matter of After Hours Formalwear, Inc. v. Tuxedos, Inc. d/b/a Formally Modern Tuxedos et al., No. 06 C 2460.

After Hours Formalwear, owned by Federated Department Stores, Inc., acquired a chain of formalwear shops that operated under the name “Modern Tuxedo,” which were later renamed “After Hours.” Subsequently, the defendant, Tuxedos, Inc., opened formalwear stores under the name FORMALLY MODERN TUXEDO. After Hours then sued Tuxedos, Inc., alleging that the use of the trademark FORMALLY MODERN TUXEDO infringed After Hours’ asserted rights in the name “modern tuxedo.” After Hours alleged violations of the Lanham Act, the federal trademark statute and related Illinois statutes.

In its opinion, the court found that After Hours did not meet its burden of proving that “modern tuxedo” is a valid and protectable trademark. The court found that After Hours failed to overcome Tuxedos, Inc.’s evidence that “modern tuxedo” is a generic term. The court determined that After Hours did not demonstrate a reasonable likelihood of prevailing on the merits of its underlying claims.

“We are very pleased with the court’s decision,” said Brinks lead attorney, Philip A. Jones. “The evidence we submitted showed wide use of “modern tuxedo” as a generic term in the industry, meaning it cannot be a trademark, and the court agreed.”

Tuxedos, Inc. was represented in the case by Brinks’ attorneys Philip A. Jones, John T. Gabrielides and Jeffrey A. Marx.

Formally Modern Tuxedo is an independently owned operation started by formalwear industry veterans, providing a fresh alternative to renting or purchasing formal attire and menswear. Formally Modern Tuxedo specializes in personalized service and a product mix that offers fashion-forward designer men’s garments by Tombolini, DKNY, Ben Sherman, Ike Behar, to name a few. Stores are located in the Clybourn Corridor of Chicago and in Orland Park, Illinois.

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four additional offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 150 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services.