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SABINSA CORP. v. CREATIVE COMPOUNDS, LLC

No. 08-3255.

609 F.3d 175 (2010)

SABINSA CORPORATION, Appellant. v. CREATIVE COMPOUNDS, LLC.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 9, 2010.

Attorney(s) appearing for the Case

James H. Hulme, Esquire (Argued), Arent, Fox, Kintner, Plotkin & Kahn, LLP, Washington, DC, Sean R. Kelly, Esquire, Saiber, LLC, Newark, NJ, for Appellant Sabinsa Corporation.

Brian J. McMahon, Esquire, Kevin McNulty, Esquire (Argued), Gibbons, P.C., Newark, NJ, for Appellee Creative Compounds, LLC.

Before: AMBRO and ROTH, Circuit Judges and FISCHER, District Judge.

OPINION

ROTH, Circuit Judge:

Sabinsa Corporation appeals the District Court's judgment in favor of Creative Compounds, LLC, on Sabinsa's trademark infringement and unfair competition claims. The District Court found that there was no likelihood of confusion between Sabinsa's mark, ForsLean, and Creative Compounds's mark, Forsthin, both of which refer to Coleus forskohlii extract, an ingredient used in weight management products. Because the District...

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