Procter & Gamble (P&G), the maker of Scope mouthwash has sued Vi-Jon, claiming that the packaging of the manufacturer’s mouthwash violates P&G’s patents and trademarks.
P&G claims that the bottle, which is being used by Target Corp for its up & up brand, looks too much like its bottle.
According to P&G’s lawsuit, Vi-Jon denied the packaging infringed P&G’s intellectual property rights and the bottle and label shape infringe its design patents, trade dress, trademarks and copyright.
This is the third lawsuit that P&G, the world’s largest household products maker, has brought related to Vi-Jon mouthwash packaging.
Scope Outlast, launched in August 2009, was packaged in a new bottle to differentiate it from other products. The bottle has a longer neck and wider bottom than previous bottles and has a triangular label.
P&G’s oral care business group president Charlie Pierce said Vi-Jon is using and benefiting from its intellectual property and the company seeks to stop Vi-Jon from violating its intellectual property and from selling the products.
In February 2006, P&G sued Vi-Jon for trade dress infringement and other claims related to its Crest Pro-Health oral rinse.