43(B)log on Splenda Case and Private Labels By Marty Schwimmer on January 13, 2008 Posted in Trade Dress 43(B)log discusses the recent SPLENDA case (McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, — F.3d —-, 2007 WL 4478981 (3d Cir.) and its treatment of the use of house marks in mitigating confusion by ‘lookalike’ house brands.