McNeil Nutritionals, LLC v. Heartland Sweeteners LLC and Heartland Packaging Corp., 512 F.Supp.2d 350 (E.D.Pa. 2007), aff’d in part, rev’d and remanded in part, 511 F.3d 350 (3d Cir. 2007).

Led team in successful defense of marketer of store-brand sucralose in trade dress case where the marketer of Splenda, the no-calorie sweetener, attempted to preliminarily enjoin the use of packaging that McNeil claimed was likely to confuse consumers. The Third Circuit affirmed the district court’s finding of no likelihood of confusion for two of the three products at issue; it reversed and remanded the matter for further findings on the third product. An injunction was entered against the third product after the packaging had been changed to conform with the Third Circuit ruling.

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