Colgate-Palmolive has filed a lawsuit in federal court defending its right to use a "nurdle" image and the phrase "Triple Action" on its toothpaste packaging, according to a story in the Wall Street Journal.
"Nurdle" refers to the ubiquitous image used on most toothpaste packaging: "a small amount of toothpaste akin to what consumers would use brushing their teeth," according to the complaint, filed July 29 in the U.S. District Court for the Southern District of New York in Manhattan. Or, as it is described elsewhere, "a wave-shaped toothpaste blob that sits on a toothbrush head."
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| GlaxoSmithKline: "The Nurdle trademark is widely recognized by the public as an iconic part of the Aquafresh brand." |
Colgate said it was pre-empting a suit that GlaxoSmithKline (GSK) had threatened to file over a new package design solely "to hinder fair competition," according to the complaint. Colgate is asking a judge to find that its packaging didn't infringe on the trademarks of GSK, the manufacturer of Aquafresh.
In the complaint, Colgate defends its right to use a nurdle on its packaging, along with the phrase "Triple Action," which refers to "Cavity protection," "Whiter teeth," and "Fresh breath."
"If any oral care product manufacturer were to be prohibited from using nurdle images on product packaging, that manufacturer would be at a competitive disadvantage," Colgate stated in court documents.
Colgate claims that GSK is threatening litigation for no other reason than "to further its anti-competitive motivations," the complaint stated.
Just a few hours after Colgate filed its pre-emptive strike, GSK filed a trademark infringement suit in federal court in Manhattan, claiming nurdle and Triple Protection are "extremely valuable trademarks" and are the "exclusive property of GlaxoSmithKline's world famous Aquafresh," according to a GSK statement.
The company claims it created the "highly distinctive nurdle device" to promote its range of Aquafresh products, which it has been using for 20 years. "As a result of this long and continuous use, the Nurdle trademark is widely recognized by the public as an iconic part of the Aquafresh brand, GSK said.
The company said it has also created an interactive "Nurdle World" on its website, which uses an animated nurdle design to promote oral health.
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