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P&G files infringement lawsuit against Blue Cross Labs
Jan '08
US consumer-goods group Procter & Gamble (P&G) filed a lawsuit on Monday against Santa Clarita, California-based low cost personal-care product company Blue Cross Laboratories for the infringement of its Herbal Essences trade dress.

The suit, filed in the United States Federal District Court for the Southern District of Ohio in Cincinnati, partly concerns the shape of the Herbal Essences bottles for shampoos and conditioner.

"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 said in a statement. P&G relaunched the brand in 2006.

The Ohio-based company claims that Blue Cross is distributing shampoos and conditioners under the Herbal Passion brand name, resembling Herbal Essences products, to dollar stores.

"This is a serious case of trade dress infringement, and we are asking the court to stop the distribution of these products to protect the equity and intellectual property of the Herbal Essences brand."

Blue Cross Laboratories, which makes health, beauty and cleaning products for mass-market and discount outlets, declined to comment.

Last month, P&G filed a suit against Irving, Texas-based company Fruit of the Earth for the infringement of various patents and its Olay Regenerist trade dress.

Procter & Gamble Hygiene & Health Care Ltd

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