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Westlaw News

9th Circuit revives 'Eat Right' trademark case against Whole Foods

A federal appeals court on Monday resurrected a trademark infringement lawsuit accusing Whole Foods Market of using a small health food company’s brand name without authorization.

The U.S. Circuit Court of Appeals for the 9th Circuit vacated a decision dismissing trademark infringement claims brought against Whole Foods by Eat Right Foods Ltd (ERF), which has sold “Eat Right”-branded cookies to the Amazon.com-owned chain and took issue with it selling other foods under its own “Eat Right America” brand.

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