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PEACEABLE PLANET, INC. v. TY, INC.

No. 03-3452.

362 F.3d 986 (2004)

PEACEABLE PLANET, INC., Plaintiff-Appellant, v. TY, INC. and H. Ty Warner, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2004.

Attorney(s) appearing for the Case

Charles W. Shifley (argued), Banner & Witcoff, Chicago, IL, for Plaintiff-Appellant.

James P. White (argued), Welsh & Katz, Chicago, IL, for Defendants-Appellees.

Before BAUER, POSNER, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

In the most common type of suit for trademark infringement, the plaintiff complains that the defendant is passing off his (inferior) product as the plaintiff's. But here we have the converse case of "reverse passing off," in which the plaintiff complains that the defendant is trying to pass off the plaintiff's product as the defendant's. Illinois High School Ass'n v. GTE Vantage Inc., 99 F.3d 244, 246...

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