Another consumer victory for blogging! https://t.co/Ze8MJM5Zlg
No fees were earned to achieve this result. https://t.co/PFjknX5ggz
— Likelihood ®© Blog (@likely2confuse) November 4, 2016
I can’t take all the credit, of course:
On Monday this week, P&G filed a lawsuit in the US Middle District of Tennessee against Vi-Jon, a manufacturer of personal care products that describes itself as “a proven leader in private brand solutions”. In the filing, P&G alleges that the packaging of some of Vi-Jon’s shampoo products – which are sold to retail chains to be marketed as private-label or ‘own-brand’ items – infringe on the trademarks and trade dress of its Head & Shoulders line of anti-dandruff shampoos and conditioners.
In particular, P&G claims that Vi-Jon shampoo bottles sold in US retail chains CVS, Dollar General and Kroger “mimic the shape, colors and label of Head & Shoulders… in a way that infringes its trade dress”.
Quoted in a press release, P&G’s chief legal officer Deborah Majoras said: “We invest heavily in all aspects of our product, and its appearance has become inextricably linked with what we stand for to our consumers… When a competitor makes products that come too close to our legally protected trademarks and trade dress, it’s unfair to consumers, and to our employees and shareholders, and we will challenge those violations.”
Her press release is right, but of course how close is “too close” is what makes it a horse race. This one could be close.