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P&G Files Infringement Lawsuits

February 7, 2008

The Procter & Gamble Company (P&G) has filed a lawsuit against Blue Cross Laboratories of Santa Clarita, CA, for the infringement of its Herbal Essences trade dress products.

The suit, filed in the United States Federal District Court for the Southern District of Ohio in Cincinnati, involves the shape of the Herbal Essences bottles for shampoos and conditioners. P&G claims private labeler, Blue Cross Laboratories, is distributing look-alike Herbal Essences products under the name Herbal Passion to dollar store outlets.

According to a statement to the press, P&G is asking that Blue Cross Laboratories be ordered to stop distributing the infringing products, recall the existing inventory from store shelves, notify retailers to impound or return all products and destroy the bottle molds.

Procter & Gamble also recently filed a lawsuit against Fruit of the Earth, Inc. of Irving, TX, for the infringement of various patents and its Olay Regenerist trade dress.

The suit, filed at the end of 2007 in the United States Federal District Court for the Southern District of Ohio in Cincinnati, involves the company’s Olay Regenerist brand. P&G claims infringement on three patents as well as trade dress infringement of the Olay Regenerist packaging by an entire line of look-alike products sold at CVS Pharmacy stores. Procter & Gamble is asking that Fruit of the Earth be ordered to stop distributing the infringing products and to notify its retailers to impound or return all products.
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