In Brief: Toothpaste "shell image" suit
This article was originally published in The Tan Sheet
Executive Summary
Toothpaste "shell image" suit: Demonstrations explaining the "effect of fluoride toothpaste on the demineralization of tooth enamel caused by plaque acids" are "very old," Colgate-Palmolive says in Jan. 31 court papers responding to Procter & Gamble's suit alleging copyright infringement in dentifrice advertisements airing in China ("The Tan Sheet" Dec. 9, 1996, p. 6). Both companies "have used such demonstrations for many years prior to this dispute, as have many others," Colgate claims. Therefore, the image is not subject to copyright protection, the counterclaim states. Furthermore, Colgate concludes, the suit does not fall under the jurisdiction of the Manhattan federal court because the commercials aired in China. P&G has charged Colgate with obtaining and using marketing materials "mislaid" by P&G to preempt P&G ads in China...