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McNEIL NUTRITIONALS, LLC v. HEARTLAND SWEETENERS, LLC

No. 07-2644.

511 F.3d 350 (2007)

McNEIL NUTRITIONALS, LLC, Appellant v. HEARTLAND SWEETENERS, LLC; Heartland Packaging Corp.

United States Court of Appeals, Third Circuit.

Filed: December 24, 2007.

Attorney(s) appearing for the Case

Steven A. Zalesin (Argued), Karla G. Sanchez, David G. Sewell, Patterson, Belknap, Webb & Tyler, New York, NY, Alfred W. Putnam, Jr., Andrea L. D'Ambra, Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for Appellant.

Lizanne V. Hackett, Flaster Greenberg, Cherry Hill, NJ, Abbe F. Fletman (Argued), Flaster Greenberg, Philadelphia, PA, William L. O'Connor, Dann, Pecar, Newman & Kleiman, Indianapolis, IN, Attorneys for Appellees.

Before: FISHER, STAPLETON and COWEN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal requires us to decide when the trade dress on the packaging of store-brand products is so similar to that of directly competing national-brand products as to create a likelihood of confusion among consumers. The plaintiff-appellant McNeil Nutritionals, LLC (McNeil) sells and markets Splenda, a highly successful national brand of sucralose, an artificial sweetener. The defendants-appellees Heartland...

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