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24 August 2016Patents

Gillette seeks to cut down hygiene company in patent row

Shaving company Gillette has sued Edgewell Personal Care for patent infringement and unfair competition, in a case surrounding three-bladed razors.

Gillette, a subsidiary of consumer goods company Procter & Gamble (P&G), filed its lawsuit at the US District Court for the Southern District of New York yesterday, August 23.

Edgewell is a personal care company, which also manufactures shaving products. The complaint accuses it of deceptive acts, false advertising and patent infringement.

Edgewell manufactures private label men’s razors under the name Shick PL, the labelling on which includes the line “Shaves as good or better than Mach3”.

According to Gillette, which makes the Mach3, the claim is false and misleading.

The suit also accuses Edgewell of infringing three patents, US numbers 5,787,586; 5,813,293 and 5,918,369.

The patents, approved between 1996 and 1998, cover a “replaceable shaving cartridge and a shaving razor handle”.

Deborah Majoras, chief legal officer of P&G, said: “When a competitor makes false and misleading claims against one of our products and infringes our patents, it’s unfair to consumers, and to our employees and shareholders, and we will challenge those violations.”

A spokesperson for Edgewell said the allegations had no basis and that Gillette's Mach3 patents “have expired”.

“We are confident in the quality and performance of our private label products. We will vigorously defend ourselves against these meritless claims and will continue to support our valued customers around the world,” the spokesperson added.

Albert Kimball Jr, partner at law firm Bracewell, told WIPR: "There is mention that the Gillette patents have expired—but suit can still begin after a patent expires. However, there is a limit on how far back in time one can go to recover damages."

He adds that if a jury decides that the trade dress is similar enough to be confusing, or if it was deliberate, Gillette may have another layer of claims.

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More on this story

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14 December 2016   Shaving company Gillette has settled a patent dispute surrounding three-bladed razors with Edgewell Personal Care.
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23 March 2017   Consumer goods company Procter & Gamble has sued an oral goods manufacturer for patent infringement.