Tobacco Co.'s "Top" Trademark Suit Extinguished

Law360, New York (December 4, 2007, 12:00 AM EST) -- The U.S. Court of Appeals for the Seventh Circuit put out Top Tobacco LP's trademark suit on Tuesday when it sided with a lower court's ruling that smokers weren't likely to confuse its mark with another roll-your-own tobacco company's "Fresh-Top canister."

Both Top, owned by Republic Tobacco LP, and the companies it sued, North Atlantic Operating Co. and National Tobacco Co. LP, have been in business for over a century, although North Atlantic only began selling tobacco in 1999 and came out with its allegedly offending...
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