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VITAMINS ONLINE, INC. v. HEARTWISE, INC.

Nos. 20-4126, 21-4152.

71 F.4th 1222 (2023)

VITAMINS ONLINE, INC., a Delaware corporation Plaintiff-Appellee/Cross-Appellant, v. HEARTWISE, INC., an Oregon corporation, d/b/a NatureWise, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED June 27, 2023.

Attorney(s) appearing for the Case

R. Joseph Trojan ( Dylan C. Dang and Francis Wong with him on the briefs), Trojan Law Offices, Beverly Hills, California, for Defendant-Appellant/Cross-Appellee.

Chad E. Nydegger ( David R. Todd with him on the briefs), Workman Nydegger, Salt Lake City, Utah, for Plaintiff-Appellee/Cross-Appellant.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.

On Amazon, success depends in large part on a product's branding and reviews. So, when Plaintiff Vitamins Online, Inc. believed that its competitor, Defendant Heartwise, Inc. (d/b/a NatureWise), was misrepresenting the ingredients of its competitive nutritional supplements and manipulating...

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