Colgate sues GSK over toothpaste nurdle
This article was originally published in The Rose Sheet
Executive Summary
Anticipating an infringement lawsuit from GlaxoSmithKline regarding toothpaste trademarks, Colgate-Palmolive files a suit of its own, alleging "GSK desires to stifle competition in the marketplace through overbroad assertions of trademark rights." Colgate says in its complaint for declaratory relief filed July 29 in U.S. District Court for the Southern District of New York, that its Colgate brand toothpaste with a "Triple Action" claim and the image of a three-striped "nurdle" of toothpaste drew complaints from GSK, maker of Aquafresh products with a "Triple Protection" claim. The plaintiff asks that Glaxo's application for a three-striped, color-nonspecific nurdle trademark - "a blatant shot across Colgate's bow" - be found invalid and unenforceable. The toothpaste giants recently squared off in a self-regulatory arena when Colgate brought a challenge to the National Advertising Division regarding bacteria removal claims made by Aquafresh iso-active (1"The Rose Sheet" Feb. 22, 2010)