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515 F. Supp. 2d 509 *; 2007 U.S. Dist. LEXIS 14780 **; 2007-1 Trade Cas. (CCH) P75,629
MERISANT COMPANY, Plaintiff, vs. McNEIL NUTRITIONALS, LLC, AND McNEIL-PPC, INC., Defendants.
Subsequent History: Motion granted by, in part, Motion denied by, in part Merisant Co. v. McNeil Nutritionals, LLC, 242 F.R.D. 303, 2007 U.S. Dist. LEXIS 27676 (E.D. Pa., Apr. 9, 2007)
Prior History: Merisant Co. v. McNeil Nutritionals, LLC, 2005 U.S. Dist. LEXIS 15978 (E.D. Pa., Aug. 4, 2005)
sugar, advertising, consumers, argues, taste, unclean hands, sweeteners, products, Wax, positioning, misleading, statement of facts, marketing, artificial, Lanham Act, packaging, sucralose, laches, artificial sweetener, brand, profits, literally, launched, summary judgment, parties, tagline, motion to exclude, summary judgment motion, expert testimony, public interest
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Supporting Materials, Evidentiary Considerations, Absence of Essential Element, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Judgments, Evidentiary Considerations, Opposing Materials, Accompanying Documentation, Business & Corporate Compliance, Federal Unfair Competition Law, Lanham Act, Scope, Trademark Law, False Designation of Origin, False Advertising, Elements of False Advertising, Evidence, Preponderance of Evidence, Judicial Officers, Judges, Discretionary Powers, Preliminary Considerations, Equity, Defenses, Demurrers & Objections, Affirmative Defenses, Allocation, Governments, Legislation, Statute of Limitations, Inferences & Presumptions, Presumptions, Antitrust & Trade Law, Consumer Protection, Deceptive & Unfair Trade Practices, State Regulation, Maxims, Clean Hands Principle, Defenses, Appropriateness, Likelihood of Confusion, Factors for Determining Confusion, Comparison of Advertising, Consumer Confusion, Surveys as Evidence of Confusion, Courts, Remedies, Clear & Convincing Proof, Admissibility, Expert Witnesses, Expert Witnesses, Daubert Standard, Procedural Matters, Preliminary Questions, Witness Qualifications, Testimony, Qualifications, Helpfulness