Schering-Plough Announces Fruit of the Earth to Change Sun Care Packaging After Court Hearing
11 Juin 2008 - 10:00PM
PR Newswire (US)
DALLAS, June 11 /PRNewswire-FirstCall/ -- Schering-Plough
Corporation announced today that the Federal District Court for the
Northern District of Texas (Dallas Division) has confirmed that
Fruit of the Earth must promptly change the packaging of its
generic, no-name sport and baby sunscreens. Schering-Plough
maintains that the Fruit of the Earth packaging infringes the
distinctive trade dress of its COPPERTONE(R) sun care products. In
litigation pending before the Texas court, Schering-Plough has
sought an expedited resolution of the matter. The Texas court
declined to enter a preliminary injunction against Fruit of the
Earth at this stage of the proceedings but, after several days of
hearings, stated that Fruit of the Earth must change its products'
trade dress, including, among other things, changing the packaging
design of products that have already been manufactured. The court
further stated that Fruit of the Earth must complete the changes to
its product packaging within two weeks, and must certify its
compliance to the court. Failure to complete the changes within
that time frame will subject Fruit of the Earth to sanctions.
Schering-Plough said it is pleased with the outcome, noting that
consumers associate the distinctive COPPERTONE trade dress with the
company's high-quality, innovative sun care products. The company
emphasized that it remains committed to protecting its distinctive
COPPERTONE brand. About Schering-Plough Schering-Plough is an
innovation-driven, science-centered global health care company.
Through its own biopharmaceutical research and collaborations with
partners, Schering-Plough creates therapies that help save and
improve lives around the world. The company applies its
research-and-development platform to human prescription and
consumer products as well as to animal health products.
Schering-Plough's vision is to "Earn Trust, Every Day" with the
doctors, patients, customers and other stakeholders served by its
colleagues around the world. The company is based in Kenilworth,
N.J., and its Web site is http://www.schering-plough.com/.
DATASOURCE: Schering-Plough Corporation CONTACT: Media, Julie Lux,
+1-908-298-4774, or Investors, Janet Barth or Joe Romanelli,
+1-908-298-7436 Web site: http://www.schering-plough.com/ Company
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