Thomason & Kennedy v. Russo Hardware EPR DISTRIBUTION non-counterfeiting declaratory judgment complaint (N.D. Ill. 1:26-cv-11345)

Thomason & Kennedy Enterprises, Inc., which does business as TK Tire & Auto and TK Outdoor Parts, filed a six-count complaint on September 16, 2026, in the Northern District of Illinois, No. 1:26-cv-11345, against Russo Hardware, Inc., which does business as EPR Distribution and Russo Power Equipment. It alleges that Russo falsely reported its genuine Rotary-branded air filters to Amazon as counterfeits of Russo's EPR DISTRIBUTION registration, U.S. Reg. No. 8,007,484, leading to the removal of its listings and the deactivation of its Amazon selling account, and it seeks a declaration of non-counterfeiting and noninfringement. Judge Edmond E. Chang denied a temporary restraining order on September 30, 2026.

What was filed

The complaint is Document 1 in Thomason & Kennedy Enterprises, Inc. v. Russo Hardware, Inc., No. 1:26-cv-11345 (N.D. Ill., Eastern Division), filed September 16, 2026. With exhibits it runs 60 pages, and it demands a jury trial. Thomason & Kennedy is described as a Georgia corporation based in Madison, Georgia, and Russo, on information and belief, as an Illinois corporation with a place of business in Schiller Park, Illinois. The docket shows the case randomly assigned to Judge Edmond E. Chang.

The mark and the goods

The complaint says Russo is the owner of record of Reg. No. 8,007,484 for EPR DISTRIBUTION, issued November 4, 2025, and alleges that its identification of goods does not reach an air filter for a power cutter. USPTO TSDR lists the registration as owned by Russo Hardware, Inc., for parts for outdoor power equipment and related retail store services in Classes 7, 9, 11, 12, 22, and 35. The goods at issue, the complaint says, are Rotary item 12328, part number 39-12328, an aftermarket air filter that Thomason & Kennedy bought from Rotary as an authorized dealer and shipped in Rotary's factory-sealed packaging, with no EPR DISTRIBUTION marking on the goods, packaging, label, or inserts.

What the complaint alleges

The complaint alleges that Russo bought two units, then on July 18, 2026 submitted an Amazon rights owner complaint, Complaint ID 21178046031, reporting Thomason & Kennedy's offers on two listing pages as counterfeit, and on July 29, 2026 submitted a second complaint about a third listing. It alleges those two listings had produced $81.96 in total sales. It alleges that Russo refused repeated requests to retract, that Thomason & Kennedy's Amazon sales stopped after August 14, 2026, and that Amazon deactivated its selling account on September 2, 2026 and is holding $123,296.78 of its sale proceeds. It says the account had $3,691,000 in product sales in the twelve months beginning August 1, 2025.

Claims and relief

Count I seeks a declaratory judgment of non-counterfeiting and noninfringement under 28 U.S.C. §§ 2201 and 2202 and 15 U.S.C. §§ 1114 and 1116(d). The other counts plead violation of the Illinois Uniform Deceptive Trade Practices Act, tortious interference with contract, tortious interference with prospective economic advantage, common law unfair competition (in the alternative to Count III), and defamation. The prayer asks the court to order Russo to submit a full withdrawal and retraction of Complaint ID 21178046031 to Amazon, to bar further intellectual property complaints against Thomason & Kennedy to Amazon or any other online marketplace without prior written notice to its counsel, and to award damages, punitive damages, and attorneys' fees.

On the docket

Thomason & Kennedy moved for a temporary restraining order and preliminary injunction on September 21, 2026. After a video hearing on September 28, Judge Chang denied the temporary restraining order on September 30, 2026, while authorizing early non-party subpoenas for records on Amazon. On October 19, 2026, the court terminated the preliminary injunction motion after the parties did not file a joint status report on preliminary injunction litigation that was due October 6. A counterclaim was filed on October 30, 2026.

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