In the United States District Court for the Northern District of Illinois Eastern Division
Case: 1:12-cv-09033 Document #: 37 Filed: 05/31/13 Page 1 of 52 PageID #:287 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LOGGERHEAD TOOLS, LLC, Plaintiff, Case No. 1:12-cv-09033 v. SEARS HOLDINGS CORPORATION and JURY TRIAL DEMANDED APEX TOOL GROUP, LLC, Defendants. FIRST AMENDED COMPLAINT This is an action for willful patent infringement; multiple violations of the Lanham Act, violation of the Uniform Deceptive Trade Practices Act and the Illinois Consumer Fraud and Deceptive Business Practices Act, violation of Illinois common law of unfair competition, violation of Illinois common law of trademarks, common law fraud, fraud in the inducement, promissory fraud, aiding and abetting wrongful acts, tortious interference with business relations and prospective advantage, and civil conspiracy, in which Plaintiff LoggerHead Tools, LLC makes the following allegations against Defendants Sears Holding Corporation and Apex Tool Group, LLC, based on (a) personal knowledge, (b) the investigation of its counsel, and (c) information and belief: THE PARTIES 1. Plaintiff LoggerHead Tools, LLC (“LoggerHead”) is an Illinois limited liability company with its principal place of business at 8310 West 127th St., Palos Park, Illinois 60464. 1 Case: 1:12-cv-09033 Document #: 37 Filed: 05/31/13 Page 2 of 52 PageID #:288 2. Defendant Sears Holding Corporation (“Sears”) is a Delaware corporation having its principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois. Sears may be served via its registered agent for service of process, The Corporation Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, Delaware 19801.
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