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XLEAR, INC. v. FOCUS NUTRITION, LLC

No. 17-4126.

893 F.3d 1227 (2018)

XLEAR, INC., a Utah corporation, Plaintiff-Appellant, v. FOCUS NUTRITION, LLC, a Utah limited liability company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED June 26, 2018.

Attorney(s) appearing for the Case

Timothy B. Smith ( Kenneth A. Okazaki and Taryn N. Evans with him on the briefs), Jones Waldo Holbrook & McDonough, P.C., Salt Lake City, Utah, for Plaintiff-Appellant.

Matthew A. Steward ( Shannon K. Zollinger with him on the brief), Clyde Snow & Sessions, P.C., Salt Lake City, Utah, for Defendant-Appellee.

Before MATHESON, McHUGH, and EID, Circuit Judges.

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade dress infringement claim under the Lanham Act, a claim under the Utah Truth in Advertising Act (UTIAA), and a claim under the

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