United States Seventh Circuit
Top Tobacco L.P. v. N. Atl. Operating Co., Inc., 07-1244
In a trademark infringement suit over product labeling for roll-your-own tobacco, summary judgment for defendant is affirmed where there was no likelihood of consumer or merchant confusion as to the origin of the products in question, and the word "top" was not famously distinctive in reference to plaintiff's tobacco brand.
Appellate Information
- Argued 11/08/2007
- Decided 12/04/2007
- Published 12/04/2007
Judges
- EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and FLAUM and KANNE, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Charles S. Bergen (argued), Robert Stonebraker, Grippo & Elden, Antony J. McShane, Neal, Gerber & Eisenberg, Chicago, IL, for Plaintiffs-Appellants.
- For Appellees:
- Paul R. Garcia (argued), Kirkland & Ellis, Chicago, IL, for Defendants-Appellees.