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  5. 571 F.Supp.2d 458 (2008)
 

ENERGY BRANDS INC. v. SPIRITUAL BRANDS, INC.

No. 07 Civ. 10644(DC).

571 F.Supp.2d 458 (2008)

ENERGY BRANDS INC. d/b/a Glacéau, Plaintiff, v. SPIRITUAL BRANDS, INC. and Elicko Taieb, Defendants.

United States District Court, S.D. New York.

July 16, 2008.

Attorney(s) appearing for the Case

Debevoise & Plimpton LLP, by Steven Zev Parnass, Esq., David H. Bernstein, Esq., New York, NY, for Plaintiff.

Zarin & Associates P.C., by Scott Zarin, Esq., New York, NY, for Defendants.

OPINION

CHIN, District Judge.

Plaintiff Energy Brands Inc., doing business as Glacéau ("Glacéau"), the maker of the popular smartwater and vitaminwater products, brings this action against Spiritual Brands, Inc. ("Spiritual Brands") and its principal, Elicko Taieb, for trade dress infringement and unfair competition based on defendants' launch of a purified bottled water product, Spiritual Water. Glacéau alleges that defendants embarked...

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