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NATURAL ANSWERS, INC. v. SMITHKLINE BEECHAM CORP.

No. 06-15084.

529 F.3d 1325 (2008)

NATURAL ANSWERS, INC., a Florida Corporation, Brian A. Feinstein, Plaintiffs-Appellants, v. SMITHKLINE BEECHAM CORPORATION, a Pennsylvania Corporation, f.k.a. Beecham Holdings, Inc., d.b.a. GlaxoSmithKline, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 2008.

Attorney(s) appearing for the Case

Guy B. Bailey, Jr., Bailey & Dawes L.C., Miami, FL, for Plaintiffs-Appellants.

Bruce S. Meyer, New York City, Edward Soto, Weil, Gotshal & Manges, LLP, Miami, FL, for Defendants-Appellees.

Before TJOFLAT, MARCUS and WILSON, Circuit Judges.

MARCUS, Circuit Judge:

At issue in this trademark infringement case is whether SmithKline Beecham Corporation, SmithKline Beecham Consumer Healthcare, and GlaxoSmithKline Consumer Healthcare (collectively "GSK") infringed the trademark rights of Natural Answers, Inc. and its Chief Executive Officer Brian A. Feinstein (collectively "Natural Answers") in their unregistered mark HERBAQUIT LOZENGES, and whether GSK falsely advertised their product, Commit Lozenges, which...

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