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Colgate and GSK in legal battle
2010-08-02

packagingnews.co.uk

 

 

 

 

 

Colgate and GSK in legal battle over slug of toothpaste image

 

 

 

 

 

 

 

 

 

 

Colgate-Palmolive has filed a 76-page lawsuit in the US to defend its right to use the image of a slug of toothpaste on its packaging, according to reports.

 

Colgate wants to defend its right to use the "nurdle" slogan on its packaging against litigation from rival GlaxoSmithKline, the Wall Street Journal reported


The firm wants the court to rule that it its new product does not infringe the Aquafresh design that also uses the nurdle and the similar phrase "Triple Protection".



A nurdle is the "small amount of toothpaste akin to what consumers use brushing their teeth" that Colgate says is already widely used on toothpaste packaging.



"If any oral care manufacturer were to be prohibited from using nurdle images on product packaging, that manufacturer would be at a competitive disadvantage," Colgate said in its court papers.

 

'Valuable GSK trademarks'


In a statement, GSK said it had "filed suit in relation to Colgate’s trademark infringement of the federally registered Aquafresh 'Nurdle' and Triple Protection marks".


"These extremely valuable trademarks are the exclusive property of GlaxoSmithKline’s world famous Aquafresh brand and GlaxoSmithKline will take all necessary steps to defend its rights," the firm said.


 
GSK said it had been using the logo for more than 20 years and it was an iconic part of the Aquafresh brand.



The Colgate court papers can be read by
visiting the Wall Street Journal website.

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