Peaceable Planet, Inc. v. Ty Inc.
United States Court of Appeals for the Seventh Circuit
362 F.3d 986 (2004)
Relevant factsFree
Peaceable Planet (plaintiff) began selling a beanbag stuffed camel named "Niles" in 1999, selling only a few thousand units, before Ty Inc. (defendant) began selling its own stuffed camel also named "Niles" in 2000, selling nearly two million; Peaceable sued for trademark infringement, and the district court found "Niles" was a descriptive personal name lacking secondary meaning and therefore unprotectable, prompting Peaceable's appeal.
IssueFree
Whether a personal name used as a product name is automatically barred from trademark protection when it has not acquired secondary meaning.
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