Colgate Sues Johnson & Johnson, Chattem Over Mouthwash Trademark
July 31 2009 - 2:21PM
Dow Jones News
Colgate-Palmolive Co. (CL) sued rivals Johnson & Johnson
(JNJ) and Chattem Inc. (CHTT) in separate lawsuits Friday, claiming
their mouthwashes infringe on its Colgate Total trademark for
oral-care products.
The lawsuits, filed in U.S. District Court in Manhattan, are
over Chattem's Act Total Care mouthwash and Johnson & Johnson's
launch Total Care mouthwash.
"Colgate-Palmolive sells toothpaste, toothbrushes and floss
under the Total brands in the United States. These products
represent three of the four core oral care products," the lawsuits
said. "Clearly, mouthwash - the fourth core oral care product - is
a logical next step and is in the natural zone of expansion for the
Total brands in the United States."
The lawsuits include claims of trademark infringement, unfair
competition and deceptive trade practices.
Both Johnson & Johnson and Chattem have pending trademark
registrations for their Total Care products.
A Johnson & Johnson spokesman declined comment Friday, while
a Chattem representative didn't immediately return a phone call
seeking comment.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com