Legal Opinion
Xlear, Inc. v. Focus Nutrition, LLC
Court of Appeals for the Tenth Circuit
Decided June 26, 2018No. 17-4126PublishedCited by 47 opinions
1Opinion of the Court
McHUGH, Circuit Judge.
Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade dress infringement claim under the Lanham Act, a claim under the Utah Truth in Advertising Act (UTIAA), and a claim under the *1231 common law for unfair competition. The claims all alleged that Focus Nutrition copied the packaging Xlear used for one of its sweetener products. Focus Nutrition moved to dismiss Xlear's Lanham Act claim. At a hearing on Focus Nutrition's motion to dismiss, the district court judge made…
2Cases cited36 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hensley v. EckerhartSupreme Court of the United States · 1983
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Goodyear Tire & Rubber Co. v. HaegerSupreme Court of the United States · 2017
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3Cited by47 opinions
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