The Procter & Gamble Company and Tambrands Inc., a wholly owned subsidiary, announced on Wednesday that it has filed a lawsuit for trademark and trade dress infringement and unfair competition against First Quality Hygienics, a private label manufacturer.
According to a press release by the company, the lawsuit, filed in US Federal District Court for the Eastern District of New York, alleges that First Quality Hygienics infringes on the registered trademarks and packaging trade dress of P&G's Tampax Pearl tampons. The First Quality Hygienics tampon is sold in retail stores in Canada under the name Life Brand.
P&G claims the defendant, without authorization, is manufacturing and distributing products in packages that copy the famous Tampax Pearl packaging, including the distinctive string-of-pearls design. The company has marketed the Tampax Pearl brand for over three years and it has garnered substantial goodwill among consumers.
"We took this action to protect both the interests of our consumers and our business," said Patricia Perez-Ayala, general manager, North America Feminine Care for P&G. "Women across North America trust Tampax Pearl. The use of our trademarks or trade dress by other manufacturers confuses and misleads these consumers and that cannot be tolerated."
P&G has a history of protecting its intellectual property, including trade dress, trademarks and patents. "P&G's products are associated with high quality and we believe this is a case of clear infringement, designed to feed on the goodwill of our brands," said Jim Johnson, P&G chief legal officer. "Copying our product designs violates the law and we are filing this lawsuit to stop it."
The company has one of the strongest portfolios of trusted, quality, leadership brands, including Pampers, Tide, Ariel, Always, Whisper, Tampax, Pantene, Mach3, Bounty, Dawn, Pringles, Folgers, Charmin, Downy, Lenor, Iams, Crest, Oral-B, Actonel, Duracell, Olay, Head & Shoulders, Wella, Gillette, and Braun.
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