United States Seventh Circuit

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Ty Inc. v. Softbelly's, Inc, 07-1452

In a suit for trademark infringement between two manufacturers of "beanie" stuffed animals, sanctions against plaintiff for litigation misconduct are reversed where the sanctions exceeded the limits of proportionality. The underlying verdict for plaintiff is affirmed, however, where defendant abandoned its argument that the trademark term was generic and there was sufficient evidence of infringement to support the verdict.

Appellate Information

  • Argued 01/14/2008
  • Decided 02/22/2008
  • Published 02/22/2008

Judges

  • POSNER, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • James P. White (argued), Louise T. Walsh, Welsh & Katz, Chicago, IL, for Plaintiff-Appellee/Cross-Appellant., Andrew M. Hale (argued), Rock Fusco, Chicago, IL, for Defendants-Appellants/Cross-Appellees.