The maker of Splenda, the best-selling sugar substitute in the U.S., has won an injunction that bars the manufacturer of a generic version of its product from continuing to distribute store-brand products that mimic Splenda's packaging. Applying a test first articulated by the 2nd Circuit in a seminal 1976 decision, U.S. District Judge John R. Padova rejected the argument that Splenda's trade dress uses elements so common in the sweetener market that it cannot be inherently distinctive.
July 09, 2008 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The maker of Splenda, the nation’s best-selling sugar substitute, has won an injunction that bars the manufacturer of a generic version of its product from continuing to distribute store-brand products that mimic Splenda’s packaging.
In his 27-page opinion in McNeil Nutritionals v. Heartland Sweeteners, U.S. District Judge John R. Padova rejected the argument that Splenda’s trade dress uses elements so common in the sweetener market that it cannot be inherently distinctive.
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