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TOP TOBACCO v. NORTH ATLANTIC OPERATING CO.

No. 07-1244.

509 F.3d 380 (2007)

TOP TOBACCO, L.P., and Republic Tobacco, L.P., Plaintiffs-Appellants, v. NORTH ATLANTIC OPERATING COMPANY, INC., and National Tobacco Company, L.P., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 2007.

Attorney(s) appearing for the Case

Charles S. Bergen (argued), Robert Stonebraker, Grippo & Elden, Antony J. McShane, Neal, Gerber & Eisenberg, Chicago, IL, for Plaintiffs-Appellants.

Paul R. Garcia (argued), Kirkland & Ellis, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and FLAUM and KANNE, Circuit Judges.

EASTERBROOK, Chief Judge.

This case illustrates the power of pictures. One glance is enough to decide the appeal.

Top Tobacco, L.P., sells tobacco to people who want to roll cigarettes by hand or make them using a cranked machine. This is known as the roll-your-own, make-your-own or RYO/MYO business. Top Tobacco and its predecessors have been in this segment of the cigarette market for more than 100 years, and the mark TOP®, printed above a drawing of...

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