P&G files infringement suit against Apollo for Herbal Essences brand

CINCINNATI Procter & Gamble has filed an infringement lawsuit against Apollo Health and Beauty Care for the alleged infringement of its Herbal Essences hair care brand, including trademark, trade dress and design.

"We believe this is a serious case of infringement designed to capitalize on the successfulness of the Herbal Essences' business and its consumer loyalty," stated Steven Jemison, P&G chief legal officer. "This is a clear case of intellectual property infringement, and we are asking the court to stop the distribution of these products to protect the equity of Herbal Essences."

According to the suit, filed Thursday in the Federal Court of Canada, P&G is claiming that private label manufacturer Apollo Health and Beauty Care is distributing look-alike Herbal Essences shampoo and conditioner products that infringe the Herbal Essences intellectual property rights. P&G is asking that Apollo Health and Beauty Care be ordered to stop distributing the infringing products, recall the existing inventory from store shelves and destroy the product molds.

According to a spokesperson for Apollo Health and Beauty Care, which operates out of Concord, Ontario, Canada, it is company policy not to comment on litigation matters.