P&G Case Underscores Trade Dress Challenges

Law360, New York (April 26, 2006, 12:00 AM EDT) -- While the mouthwash trade dress battle between Procter & Gamble and Vi-Jon Laboratories Inc. may be over, the recent case highlights the legal tightrope generic companies often face when trying to introduce similarly packaged products into the marketplace.

P& G sued Vi-Jon Laboratories Inc. in February, alleging that the health and beauty product manufacturer had infringed and diluted the unique trade dress of P&G’s Crest Pro-Health Rinse, a mouthwash product.

Trade dress refers to the visual characteristics of a product or its packaging that could be...
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