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Phoenix Ent. Partners, LLC v. Rumsey

Slep-Tone Entertainment Corporation and its successor in interest, Phoenix Entertainment Partners, LLC (collectively, “Slep-Tone”) contend in this litigation that the defendants, a pub and its owner, committed trademark infringement by passing off unauthorized digital copies of Slep-Tone karaoke files as genuine Slep-Tone tracks. See Bretford Mfg., Inc. v. Smith Sys. Mfg. Corp., 419 F.3d 576, 580 (7th Cir. 2005) (describing passing off and reverse passing off cases). Because we agree with the district court that Slep-Tone has not plausibly alleged that the defendants’ conduct results in consumer confusion as to the source of any tangible good sold in the marketplace, we affirm the dismissal of its complaint.

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