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May 3, 2006
By: TOM BRANNA
Continuing its trademark infringement lawsuits, Procter & Gamble Co., has targeted two companies that make shampoos, deodorants and mouthwash. The company has filed suit against Percara Enterprises Inc., and Cumberland Swan Holdings Inc. for trade dress infringement, trademark infringement and unfair competition. It also filed a claim of false advertising against Cumberland Swan. The Percara suit involves Procter & Gamble’s Herbal Essences Fruit Fusions, Secret, Old Spice, Red Zone, High Endurance and Pantene brands, and the Cumberland Swan suit includes the Head & Shoulders, Pert Plus and Crest Pro-Health brands. Procter is asking that the companies stop distributing the infringing products, and it also seeks a preliminary injunction against Cumberland Swan.
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