Colgate tries to stop company selling toothbrushes
Colgate-Palmolive is attempting to stop a Michigan-based business from selling toothbrushes featuring the mark ‘Smile 360’.
On Monday, January 29, Colgate filed a trademark infringement complaint against Ranir, a seller of oral healthcare products, at the US District Court for the Southern District of New York.
In late 2017, Ranir launched a line of toothbrushes, whitening strips and dental floss under the mark ‘Smile 360’.
Colgate took issue with the mark, claiming that it has sold toothbrushes under its ‘360°’ trademark (with the degree symbol) since 2005.
“Toothbrushes featuring the ‘360°’ trademark are market leading products, with substantial advertising and sales and a strong reputation in the marketplace,” claimed Colgate, adding that ‘360°’ products have achieved US sales in the hundreds of millions of dollars over the past five years.
Colgate owns several US trademark registrations for the ‘360°’ trademark for oral care products and related goods, including 2,980,009; 3,238,154; and 4,818,782.
According to the claim, Ranir was on actual notice of Colgate’s IP rights because, up until December 31, 2017, Ranir had been a contract manufacturer of Colgate travel-size toothpaste products for several years.
Colgate also claimed that Ranir currently employs at least one former Colgate employee in connection with developing oral care products.
“The addition of the word ‘Smile’ to defendant’s trademark does nothing to dispel confusion,” said Colgate.
There are allegedly two reasons for this, first because “Smile” is a descriptive term when used with oral care products, said Colgate.
“Second, Colgate uses its ‘360°’ trademark together with other words such as Enamel Health and Fresh ‘N Protect, meaning that consumers are accustomed to seeing the ‘360°’ trademark with other terms,” added the claim.
Colgate is seeking a permanent injunction against Ranir to stop the sale of the ‘Smile 360’ products, destruction of any infringing goods, and profits.
In December last year, Colgate suffered a blow to its ‘360°’ trademark at the EU General Court, which backed the European Union Intellectual Property Office in dismissing an application for the mark for toothbrushes because the mark lacked distinctive character.
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