Intellectual Property Law

Third Circuit: Some store brand sucralose packaging confusing; injunction denial partially reversed

By McKee, Voorhees & Sease, P.L.C.

In a Christmas Eve decision, the Third Circuit partially reversed a district court's denial of a preliminary injunction regarding "store brand" sucralose sweeteners.  McNeil Nutritionals, makers of Splenda^®, brought suit against a company that produces several different sucralose products that bear the store's name and compete with Splenda^®.  The district court found McNeil not likely to succeed on the merits of the case, as the presence of the store's name on the competing product obviated any likely confusion.  As a result, the district court denied preliminary injunctive relief.

The Third Circuit partially reversed, finding that one of the three packaging configurations sold was, at least preliminarily, likely to be confused with McNeil's Splenda^® trade dress.  As a result, for this packaging, the court reversed the denial of the injunction with regard to this packaging, but affirmed with regard to the other two.

More detail of McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC after the jump.

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Full post as published by FileWrapper on December 28, 2007 (boomark / email).