COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Ripple
Charles Curry – Appellant
Versus
Revolution Laboratories LLC – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 17-2900 CHARLES CURRY, doing business as GET DIESEL NUTRITION, Plaintiff-Appellant,
v. REVOLUTION LABORATORIES, LLC, et al., Defendants-Appellees. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:17-cv-02283 — Matthew F. Kennelly, Judge. ____________________
ARGUED SEPTEMBER 11, 2019 — DECIDED FEBRUARY 10, 2020 ____________________
Before RIPPLE, ROVNER, and BARRETT, Circuit Judges. RIPPLE, Circuit Judge. Charles Curry brought this action pro se 1 in the district court, alleging that Revolution Labora-
1We appointed Professor Allan Erbsen of the University of Minnesota Law School faculty to serve as amicus curiae to argue for the reversal of (continued … ) 2 No. 17-2900 tories, LLC (“Revolution”), Rev Labs Management, Inc. (“Management”), and Joshua and Barry Nussbaum (collec- tively the “defendants”) had infringed and diluted his trademark,2 violated the Illinois Consumer Fraud and De- ceptive Practices Act, violated the Illinois Uniform Deceptive Trade Practices Act, engaged in false advertising and cyber- squatting, and filed a fraudulent trademark application. 3 Revolution is a limited liability company that is in the business of selling sports nutritional supplements and ap- parel. Management is a corporation that was formed for the sole purpose of being the manager of Revolution. According to Mr. Curry, Joshua and Barry Nussbaum co-founded Revolution and Management. Joshua Nussbaum is the Pres- ident of Management and Revolution; Barry Nussbaum is
( … continued)
the judgment of the district court. We thank Professor Erbsen for his ex-
cellent brief and oral argument.
2 Mr. Curry asserted trademark infringement claims falling under both
the Lanham Act, 15 U.S.C. § 1125, and common law.
3 The district court had subject matter jurisdiction over Mr. Curry’s four
claims “arising under” federal statutes related to trademarks and unfair
competition. See 28 U.S.C. §§ 1331, 1338(a)–(b). With regard to Mr. Cur-
ry’s remaining three claims for fraud, unfair competition, and trademark
infringement arising under state law, amicus counsel for Mr. Curry
submits that subject matter jurisdiction exists over those claims as well
because the state and federal claims share a “common nucleus of opera-
tive fact.” United Mine Workers v. Gibbs,
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