In a case that could have a huge impact on the marketing of generic or”store brand” products, a federal appeals court Wednesday appearedpoised to rule in favor of the manufacturer of Splenda, the nation’sbest-selling sugar substitute, in a suit against the manufacturer of ageneric version of its product for using “virtually identical”packaging.
In the suit, Splenda’s maker, McNeil Nutritionals, claimed thatHeartland Sweeteners violated trade dress law by selling its store-brandgeneric sucralose in packages that mimic Splenda’s color scheme,graphics and package sizes.
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