The Seventh Circuit today affirmed summary judgment against Top Tobacco, which accused Zig-Zag of infringing Top’s trademark for roll-your-own smokes.  The court compared pictures of the Top and Zig-Zag demon weed canisters and concluded that nobody in his right mind would confuse the one with the other.  The presence of the word "top" on the Zig-Zag label — "Top-Fresh Canister" — didn’t dissuade Their Honors from their visual conviction.  Top Tobacco, L.P. v. N. Atl. Operating Co., Inc., No. 07-1244 (7th Cir. Dec. 4, 2007).

The court, helpfully, included the pix in the opinion.

Barry Barnett

Feedicon14x14 Groucho Marx springs to our feed’s mind.