In Brief: P&G v. Colgate "shell image" suit
This article was originally published in The Rose Sheet
Executive Summary
P&G v. Colgate "shell image" suit: Demonstrations explaining the "effect of fluoride toothpaste on the demineralization of tooth enamel caused by plaque acids" are "very old," Colgate-Palmolive states in a Jan. 31 response to Procter & Gamble's suit alleging copyright infringement in dentifrice advertisements airing in China ("The Rose Sheet" Dec. 16, 1996, p. 1). Because both companies "have used such demonstrations for many years prior to this dispute, as have many others," the image is not subject to copyright protection, Colgate claims. Additionally, the suit does not fall under Manhattan federal court jurisdiction because the commercials aired in China, Colgate maintains. P&G has charged Colgate with obtaining and using marketing materials "mislaid" by P&G to preempt P&G Crest toothpaste marketing in China...