Schering-Plough Sued Over Coppertone Trade Dress

Law360, New York (May 9, 2008, 12:00 AM EDT) -- Natural skincare company Fruit of the Earth Inc. has filed suit against Schering-Plough Healthcare Products Inc., seeking declaratory judgment that its sunscreen products do not infringe the trade dress of Schering’s Coppertone products.

The Fort Worth company said its complaint, filed Thursday in the U.S. District Court for the Northern District of Texas, came in response to accusations by Schering that certain FOTE sunscreen products have packaging and labels that are “confusingly similar” to certain Coppertone products.

FOTE also filed suit in reaction to Schering's “burdensome...
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