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Cream maker imitated Olay packaging, P&G suit claims

Mon, Dec 31st 2007 12:00 am
By LISA BIANK FASIG
Business Courier of Cincinnati

Procter & Gamble Co. is suing the maker of a skin-care line for CVS Corp., claiming its products are designed to look deceptively like its own Olay line.

The suit, filed Dec. 12 in the U.S. District Court, Southern District of Ohio, charges that Fruit of the Earth Inc. has imitated the packaging of Olay, a brand with U.S. sales of almost $800 million.

It is seeking monetary relief, among other demands, for patent infringement, deceptive trade practices, unfair competition and other claims.

The products are sold as a CVS-branded line, often alongside Olay products, but at lower prices.

Such suits by Procter are not uncommon. In August, the consumer-products maker sued Kraft Foods for putting its Maxwell House coffee in containers that resembled those for Folgers coffee.

"We very aggressively look at products that are sold by our competitors on a regular basis," Sean Parker, a Procter spokesman, said. "Once we identify (potential infringement), we usually move pretty quickly."

Along with financial retribution and the destruction of all products, labels and promotional materials, Cincinnati-based Procter asks that Fruit of the Earth notify its retail customers in writing that they are not to sell the products and to return them.

Mike DeAngelis, a spokesman for Rhode Island-based CVS, said in an e-mail that Fruit of the Earth does supply some CVS-brand facial products that have been available for about the last two years.