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NORA BEVERAGES v. PERRIER GROUP OF AMERICA

Docket No. 00-7709.

269 F.3d 114 (2001)

NORA BEVERAGES, INC., Plaintiff-Appellant, v. The PERRIER GROUP OF AMERICA, INC., Poland Spring Corporation, Zephyrhills Corporation, Arrowhead Water Corporation, and Calistoga Mineral Water Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 23, 2001.

Attorney(s) appearing for the Case

Howard G. Slavit, Washington, DC (Slavit & Gill, P.C., of counsel), for Plaintiff-Appellant.

Jeffrey M. Garrod, Roseland, N.J. (Linda B. Lewinter, Craig A. Ollenschleger and Orloff, Lowenbach, Stifelman & Siegel, P.A., of counsel), for Defendants-Appellees.

Before: OAKES and STRAUB, Circuit Judges, and RAKOFF, District Judge.

OAKES, Senior Circuit Judge:

In this trade dress infringement case under § 43(a) of the Lanham Trademark Act ("Lanham Act"), 15 U.S.C. § 1125(a) (2000), Nora Beverages, Inc. ("Nora") appeals from a summary judgment order granted by the United States District Court for the District of Connecticut, Ellen Bree Burns, Judge. Nora also appeals the verdict against it on its breach of contract claim. Because we agree with the district court that Nora failed...

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