Herbal Essences trade dress suit
This article was originally published in The Rose Sheet
Executive Summary
Procter & Gamble has filed a suit against Blue Cross Laboratories for infringement of its Herbal Essences trade dress, the firm announces in a recent release. Filed in a federal district court for the Southern District of Ohio, P&G alleges the Santa Clarita, Calif. firm is distributing shampoo and conditioner products under the Herbal Passion name that have bottles identically shaped to those of the P&G brand. The products are being sold in dollar store outlets in the U.S. P&G requests the firm be ordered to stop distributing the products, recall existing inventory, destroy the bottle molds and notify retailers to impound or return all items. "We believe this is a clear case of infringement designed to take advantage of consumer loyalty and business growth that P&G developed through the reinvention of its Herbal Essences brand," P&G chief legal officer Jim Johnson says...