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Schering trade dress suit

This article was originally published in The Rose Sheet

Executive Summary

The Federal District Court for the Northern District of Texas determined that Fruit of the Earth must change packaging of its no-name sport and baby sunscreens because it infringes the distinctive trade dress of Schering-Plough's Coppertone sun-care products, Schering announces June 11. In litigation still pending, the court declined to enter a preliminary injunction against Fruit of the Earth at this point, but says the firm must change the packaging design - including on products already manufactured - within two weeks and must certify its compliance to the court. Schering says it is pleased with the outcome and remains committed to protecting its brand...
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