Related News:
Colgate Seeks Ruling on `Triple Action' Toothpaste Infringing on Glaxo
Colgate-Palmolive Co. asked a federal court to rule that its new “Triple Action” toothpaste doesn’t infringe trademarks of GlaxoSmithKline Plc’s competing product, Aquafresh.
Colgate said in its complaint that consumers won’t be confused by similarities between the two toothpastes. The company also argued Glaxo didn’t assert trademarks on the product in the past, signaling that it recognizes the tri-color design and marketing slogan “Triple Protection” aren’t “source identifying.”
Colgate’s request for a ruling came in response to GlaxoSmithKline’s applications for new trademarks for Aquafresh, which Colgate’s complaint called “a shot across the bow” showing its intent to gain exclusive rights to the so-called nurdle design. A nurdle is a small portion of toothpaste. The New York-based company asked the court in Manhattan to cancel those marks.
“More than 20 years ago, GSK’s Aquafresh brand created the highly distinctive nurdle device to promote its range of Aquafresh oral care products,” Glaxo spokeswoman Deborah Bolding said in an e-mailed statement. “These extremely valuable trademarks are the exclusive property of GlaxoSmithKline’s world famous Aquafresh brand and GlaxoSmithKline will take all necessary steps to defend its rights.”
Glaxo filed the new trademark applications for the nurdle design after it raised objections with Colgate about the branding of Colgate’s new product, according to the complaint.
“GSK threatened litigation against Colgate concerning the trademarks,” Brendan O’Rourke, the lawyer for Colgate, said in the complaint.
Colgate-Palmolive fell $6.12, or 7.3 percent, to $77.75 at 3:07 p.m. in New York Stock Exchange composite trading. GlaxoSmithKline dropped 33 cents, or 0.9 percent, to $35.11.
The case is Colgate-Palmolive Co. v. GlaxoSmithKline LLC, 10-5728, U.S. District Court, Southern District of New York (Manahattan).
To contact the reporter on this story: Don Jeffrey in New York at djeffrey1@bloomberg.net.
Rate These Stories
Rate this Page