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P&G files suit against Fruit of the Earth

This article was originally published in The Rose Sheet

Executive Summary

Procter & Gamble claims Irving, Texas-based company infringed three patents and the trade dress for its Olay Regenerist brand. According to Dec. 12 release, Fruit of the Earth has created an entire line of look-alike products for CVS Pharmacy doors that copy Olay's well-known packaging and technology, according to P&G, which has filed suit in the United States Federal District Court for the Southern District of Ohio in Cincinnati, asking that Fruit of the Earth be ordered to stop distributing the infringing products and to notify its retailers to impound or return all products. The offending items will confuse consumers and allow Fruit of the Earth to "trade on the goodwill" established in the Olay brand, P&G says. "We believe this is a case of clear infringement designed to take advantage of consumer goodwill and business growth that P&G developed through its patented innovation on the Olay brand," Chief Legal Officer Jim Johnson says

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