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TY INC. v. SOFTBELLY'S, INC.

Nos. 07-1452, 07-1519, 07-1782, 07-1793, 07-2401.

517 F.3d 494 (2008)

TY INC., Plaintiff-Appellee, Cross-Appellant, v. SOFTBELLY'S, INC., et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2008.

Attorney(s) appearing for the Case

James P. White (argued), Louise T. Walsh, Welsh & Katz, Chicago, IL, for Plaintiff-Appellee/Cross-Appellant.

Andrew M. Hale (argued), Rock Fusco, Chicago, IL, for Defendants-Appellants/Cross-Appellees.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

Ty Inc., the manufacturer of "Beanie Babies," years ago brought this suit for trademark infringement under the Lanham Act against Softbelly's, Inc., and some other defendants that need not be discussed separately. Softbelly's manufactures a product that looks and feels very much like "Beanie Babies," which it calls "Screenie Beanies." They differ from Ty's product mainly in having chamois bellies and being sold to the public through computer...

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