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P&G files lawsuit in Canada for infringement of Herbal Essences trademark and design.

The Procter & Gamble Company (P&G) of U.S. has filed a lawsuit in the Federal Court of Canada December 11, 2008, against Apollo Health and Beauty Care Corporation for infringement of Herbal Essences intellectual property, including trademark, trade dress, and design.
The suit involves the company’s Herbal Essences brand trade dress, the trademark, and the unique design of the Herbal Essences bottles for shampoos and conditioners. P&G has claimed that Apollo Health and Beauty Care is distributing look-alike Herbal Essences shampoo and conditioner products, asking Apollo Health be ordered to stop distributing the infringing products, recall existing inventory, and destroy the bottle molds.
P&G introduced the bottles with the renewal of the brand in 2006. P&G believes that Apollo Health and Beauty Care is selling products in packages that copy Herbal Essences packaging to capitalize on the brand’s success and consumer loyalty.