Pink Sheet is part of Pharma Intelligence UK Limited

This site is operated by Pharma Intelligence UK Limited, a company registered in England and Wales with company number 13787459 whose registered office is 5 Howick Place, London SW1P 1WG. The Pharma Intelligence group is owned by Caerus Topco S.à r.l. and all copyright resides with the group.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction

"Shell image" appeal

This article was originally published in The Tan Sheet

Executive Summary

Procter & Gamble appeal brief filed in Manhattan federal circuit court argues lower court erred in ruling non-infringement of P&G's "shell image" ad demonstration by Colgate-Palmolive ("The Tan Sheet" Jan. 25, p. 22). "P&G's demo easily meets the 'extremely low' threshold required by the Copyright Act to be deemed 'original,'" the appellant says. Colgate brief asks the appeals court to uphold the lower court ruling that its version of the demonstration was independently created and not copied from P&G. The toothpaste-on-shell experiment has been used for "more than forty years...by school children all over the world to portray the benefits of fluoride in toothpaste," Colgate argues. The procedure for conducting the experiment is not protectable by copyright, Colgate says, adding the elements of P&G's commercial are conventional, or scenes a faire. Arguments are tentatively scheduled for July

Topics

Latest Headlines
See All
UsernamePublicRestriction

Register

PS089851

Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel