The Procter & Gamble Company, Cincinnati, OH, has filed separate lawsuits against Percara Enterprises, Inc. and Cumberland Swan Holdings, Inc. for trade dress infringement, trademark infringement and unfair competition involving several beauty care brands and one oral care brand. In addition, the case against Cumberland Swan includes claims for false advertising. Cumberland Swan Holdings manufactures and distributes private label products to retail stores, while Percara Enterprises sells beauty products under its own company brand name to a variety of retailers.

P&G’s Herbal Essences Fruit Fusions, Secret, Old Spice Red Zone and High Endurance, and Pantene brands are named in the complaint filed against Percara Enterprises. The Head & Shoulders, Pert Plus and Crest Pro-Health brands are cited in the complaint against Cumberland Swan Holdings.

P&G seeks to have the distribution of the infringing products by both companies stopped, and will move for a preliminary injunction against Cumberland Swan.

“We believe these are clear cases of infringement, designed to feed on the goodwill of our brands,” said Jim Johnson, P&G chief legal officer. “These look-alike products can confuse people and are a disservice to consumers. We are filing this lawsuit to put a stop to it,” Johnson added. “Copying our product designs is unfair and violates the law.”

More information: www.pg.com.