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ELI LILLY AND CO. v. ARLA FOODS, INC.

No. 17-2252.

893 F.3d 375 (2018)

ELI LILLY AND COMPANY and Elanco US, Inc., Plaintiffs-Appellees, v. ARLA FOODS, INC., and Arla Foods Production LLC, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 2018.

Attorney(s) appearing for the Case

Travis Jason Tu , Steven A. Zalesin , Attorneys, Patterson, Belknap, Webb & Tyler LLP, New York, NY, Daniel Janssen , Johanna Wilbert , Attorneys, Quarles & Brady LLP, Milwaukee, WI, for Plaintiffs-Appellees.

Lawrence J. Bracken, II, Attorney , Hunton Andrews Kurth LLP, Atlanta, GA, Daniel T. Flaherty , Attorney, Godfrey & Kahn S.C., Appleton, WI, Phyllis H. Marcus , Michael A. Oakes , Attorneys, Hunton Andrews Kurth LLP, Washington, DC, for Defendants-Appellants.

Before Bauer, Rovner, and Sykes, Circuit Judges.

In 2017 Arla Foods, a global dairy conglomerate based in Denmark, launched a $30 million advertising campaign aimed at expanding its cheese sales in the United States. Branded "Live Unprocessed™," the campaign covers all major media platforms and targets the growing market for all-natural foods. To that end, the ads assure...

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