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R.J. REYNOLDS TOBACCO CO. v. CIGARETTES CHEAPER!

No. 05-1456.

462 F.3d 690 (2006)

R.J. REYNOLDS TOBACCO COMPANY and GMB, Inc., Plaintiffs-Appellees, v. CIGARETTES CHEAPER!, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2006.

Rehearing Denied September 15, 2006.

Attorney(s) appearing for the Case

Eric P. Berlin, Jones Day, Chicago, IL, Robert H. Rawson, Jr. (argued), Jones Day, Cleveland, OH, for Plaintiff-Appellee RJ Reynolds Tobacco Co.

Jerome Gilson, Brinks, Hofer, Gilson & Lione, Chicago, IL, Robert H. Rawson, Jr. (argued), Jones Day, Cleveland, OH, for Plaintiff-Appellee GMB, Inc.

William J. Gibbons (argued), Matthew W. Walch, Latham & Watkins, Chicago, IL, for Defendant-Appellant.

Before COFFEY, EASTERBROOK, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

R.J. Reynolds sells cigarettes (Camel, Winston, Salem, and Doral are its principal brands) in both domestic and foreign commerce. For several years Cigarettes Cheaper!, which operates a chain of retail outlets, reimported Reynolds products for domestic sale. (We refer to the practice as "reimportation" even though some of the cigarettes in question were manufactured outside the United States by firms licensed to use the trademarks in their...

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