Schering-Plough Announces Fruit of the Earth to Change Sun Care Packaging After Court Hearing
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 www.schering-plough.com.
SOURCE 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
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