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NATURAL ORGANICS, INC. v. NUTRACEUTICAL CORP. and SOLARAY, INC.

Docket No. 03-9065.

426 F.3d 576 (2005)

NATURAL ORGANICS, INC., Plaintiff-Counter-Defendant-Appellant, v. NUTRACEUTICAL CORP. and SOLARAY, INC., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2005.

Attorney(s) appearing for the Case

Pasquale A. Razzano, Fitzpatrick Cella, Harper & Scinto, New York, N.Y. for Appellant.

Peggy A. Tomsic, Berman, Tomsic & Savage, Salt Lake City, UT (Chris R. Hogle, on the brief), for Appellee.

Before: JACOBS, SOTOMAYOR, and HALL, Circuit Judges.

JACOBS, Circuit Judge.

Natural Organics, Inc. ("Natural Organics") appeals from a judgment entered on October 3, 2003 in the United States District Court for the Southern District of New York (Owen, J.), dismissing its complaint against a rival manufacturer of soy protein drink mix. On appeal, Natural Organics challenges the dismissal of its claims of trade dress infringement and common law unfair competition.

I

At issue are the trade dresses...

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