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P&G Sues Vi-Jon Over Mouthwash

Suit charges infringement of Scope Outlast bottle and label.

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By: TOM BRANNA

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The Procter & Gamble Company filed a lawsuit against Vi-Jon, Inc., a private-label manufacturer and distributor of mouthwash, in the U.S. District Court for the Southern District of Ohio. The lawsuit alleges that Vi-Jon, Inc. is violating P&G’s intellectual property by manufacturing and selling its private label mouthwash product to retailers.

Vi-Jon’s mouthwash product, specifically the bottle and label shape, infringe P&G’s design patents, trade dress, trademarks and copyright relating to its Scope Outlast mouthwash. Vi-Jon’s use of P&G’s intellectual property without P&G’s consent is prohibited by law, and can cause consumer confusion. P&G is suing Vi-Jon in order to protect its business and to prevent consumer confusion in the marketplace.

“Scope has invested in significant R&D to bring this product to market, and we take very seriously issues related to our intellectual property and competitive advantage,” said Charlie Pierce, group president, P&G Oral Care. “Vi-Jon is using and benefitting from our intellectual property, which we developed and promoted at great cost. We’re taking this action to prevent consumers from being misled and to protect our business.”

The lawsuit seeks to stop Vi-Jon from violating P&G’s intellectual property and selling the infringing products.

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