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TY INC. v. SOFTBELLY'S INC.

No. 03-1592.

353 F.3d 528 (2003)

TY INC., Plaintiff-Appellee, Counterdefendant-Appellee, v. SOFTBELLY'S, INC., et al., Defendants-Appellants, Counter-plaintiffs-Appellants, v. TY WARNER, Counterdefendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Louis T. Walsh (argued), Welsh & Katz, Chicago, IL, for Plaintiff-Appellee.

Andrew M. Hale (argued), Rock, Fusco & Garvey, Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

Ty Inc., the manufacturer of "Beanie Babies," brought suit for trademark infringement against Softbelly's, Inc. and affiliated companies and individuals unnecessary to discuss separately. Softbelly's manufactures a very similar looking and feeling product that it calls "Screenie Beanies." They differ from Beanie Babies mainly in having chamois bellies and being sold to the public through computer stores for use in wiping computer screens.

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