Top Tobacco, L.P. v. North Atlantic Operating Company, Inc.
United States Court of Appeals for the Seventh Circuit
509 F.3d 380 (2007)
- Written by Sara Adams, JD
Facts
Top Tobacco, L.P. (plaintiff) and North Atlantic Operating Company, Inc. (North Atlantic) (defendant) were companies that sold loose tobacco. Top Tobacco used the trademark “TOP,” printed above an image of a spinning-top toy. The Top Tobacco trademark was well-known within the tobacco industry. North Atlantic implemented a new tobacco-can design, which included the phrase “Fresh-Top Canister” with a trademark symbol attached to “Fresh-Top.” The trademark was not a prominent feature of the can design. The North Atlantic cans were clearly marked with the ZIG-ZAG brand name and the distinctive image of a soldier. The trade dress of the North Atlantic cans was also unique to North Atlantic products. Top Tobacco filed suit against North Atlantic in federal district court, arguing that Top Tobacco had exclusive rights to use the word “top” on tobacco canisters and that the word could not be used by any of Top Tobacco’s competitors, including North Atlantic, as part of a trademark. The district court granted summary judgment in favor of North Atlantic. Top Tobacco appealed.
Rule of Law
Issue
Holding and Reasoning (Easterbrook, C.J.)
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