Perfect 10, Inc. v., Inc.
Cambridge Literary Props, Inc. v. W. Goebel Porzellanfabrik G.m.b.H. & Co. Kg.

Top Tobacco L.P. v. N. Atl. Operating Co., Inc.

The portion of §1125 from which we have quoted was amended in October 2006 to use “the general public” as the benchmark. This change eliminated any possibility of “niche fame,” which some courts had recognized before the amendment. See Syndicate Sales, Inc. v. Hampshire Paper Corp., 192 F.3d 633 (7th Cir. 1999). Top Tobacco insists that even if the amendment (and North Atlantic’s new packaging) preclude equitable relief, it is still entitled to damages under the old version of §1125. But what we have said is enough to show that the word “top” is not famously distinctive “as a designator of source” in any sensibly specified niche of tobacco products.

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