Design

Procter & Gamble has filed a lawsuit against RNA Corporation for the infringement of its Herbal Essences intellectual property, including trademark, trade dress and design patents.

The suit, filed yesterday (21 August) in the US Federal District Court for the Southern District of Ohio in Cincinnati, involves the company's Herbal Essences logo and the design of the Herbal Essences bottles for shampoos and conditioners.

P&G claims private label manufacturer, RNA Corporation, is distributing shampoo and conditioner products under the name Hydrating Herbal Shampoo and Hydrating Herbal Conditioner which infringe the Herbal Essences intellectual property rights.

P&G is asking that RNA Corporation be ordered to stop distributing the infringing products, it is requesting the recall of existing inventory from store shelves and for the destruction of the bottle molds.

Steven Jemison, P&G chief legal officer, said: "We believe this is a clear case of infringement designed to take advantage of the Herbal Essences' business and its consumer loyalty.

"This is a serious case of intellectual property infringement, and we are asking the court to stop the distribution of these products to protect the equity of Herbal Essences."

Procter & Gamble introduced the Herbal Essences packaging with the relaunch of the brand in 2006.