CINCINNATI, Dec. 11 /CNW/ - The Procter & Gamble Company (NYSE: PG) has
filed a lawsuit against Apollo Health and Beauty Care Corporation of Concord
Ontario, Canada, for the infringement of its Herbal Essences Intellectual
property, including trademark, trade dress and design.
The suit, filed today in the Federal Court of Canada, involves the
company's Herbal Essences brand trade dress, the trademark and the unique
design of the Herbal Essences bottles for shampoos and conditioners. P&G
claims private label manufacturer, Apollo Health and Beauty Care Corporation,
is distributing look-alike Herbal Essences shampoo and conditioner products
which infringe the Herbal Essences intellectual property rights. Procter &
Gamble is asking that Apollo Health and Beauty Care Corporation be ordered to
stop distributing the infringing products, recall the existing inventory from
store shelves, and destroy the bottle molds.
Procter & Gamble introduced the award winning Herbal Essences packaging
with the relaunch of the brand in 2006. P&G believes that Apollo Health and
Beauty Care Corporation is selling products in packages that copy the well
known Herbal Essences packaging to capitalize on the brand's success and
consumer loyalty. The unauthorized use of P&G's trade dress is likely to cause
confusion and could jeopardize the goodwill Herbal Essences has established
among its consumers.
"We believe this is a serious case of infringement designed to capitalize
on the successfulness of the Herbal Essences' business and its consumer
loyalty," said Steven Jemison, P&G chief legal officer. "This is a clear case
of intellectual property infringement, and we are asking the court to stop the
distribution of these products to protect the equity of Herbal Essences."
About Procter & Gamble
Three billion times a day, P&G brands touch the lives of people around
the world. The company has one of the strongest portfolios of trusted,
quality, leadership brands, including Pampers(C), Tide(C), Ariel(C),
Always(C), Whisper(C), Pantene(C), Mach3(C), Bounty(C), Dawn(C), Gain(C),
Pringles(C), Folgers(C), Charmin(C), Downy(C), Lenor(C), Iams(C), Crest(C),
Oral-B(C), Actonel(C), Duracell(C), Olay(C), Head & Shoulders(C), Wella(C),
Gillette(C), and Braun(C). The P&G community consists of 138,000 employees
working in over 80 countries worldwide. Please visit http://www.pg.com for the
latest news and in-depth information about P&G and its brands.
For further information:
For further information: P&G Media Contact: Paul Young, Phone: (416)
730-4007, Email: firstname.lastname@example.org