The maker of Splenda, the nation’s best-selling sugar substitute, won a partial victory Monday when the 3rd Circuit revived its bid for an injunction against the manufacturer of a generic version of its product over the alleged use of “virtually identical” packaging. But the opinion was also a significant victory for the defendant as the unanimous three-judge panel found that the packaging on some of its store-brand sucralose products isn’t similar enough to Splenda’s trade dress to warrant any injunction.
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