Procter & Gamble Co. is suing a private-label mouthwash maker over its packaging.

Procter & Gamble, P&G, mouthwash, Vi-Jon, Scope Outlast, lawsuit, private-label, mouthwash bottle design, Charlie Pierce, P&G Oral Care

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P&G files suit over mouthwash packaging

May 31st, 2011

CINCINNATI – Procter & Gamble Co. is suing a private-label mouthwash maker over its packaging.

P&G said Friday that it has filed a lawsuit against Vi-Jon Inc., a private-label manufacturer and distributor of mouthwash, in the U.S. District Court for the Southern District of Ohio. The suit claims that Vi-Jon is violating P&G's intellectual property by manufacturing and selling its private-label mouthwash product to retailers.

According to P&G, Vi-Jon's mouthwash product — notably the bottle and label shape — infringe on the design patents, trade dress, trademarks and copyright relating to P&G's Scope Outlast mouthwash, which the consumer product giant alleged "can cause consumer confusion."

Discount chain Target Corp. reportedly is using the Vi-Jon mouthwash bottle design for its up & up brand.

P&G noted that Scope Outlast, which offers proprietary technology to keep breath feeling fresh up to five times longer than brushing alone, was launched in a new bottle design as the company set out to improve on the existing Scope product.

"Scope has invested in significant R&D to bring this product to market, and we take very seriously issues related to our intellectual property and competitive advantage," stated Charlie Pierce, group president of P&G Oral Care.