DALLAS Schering-Plough has announced that the Federal District Court for the Northern District of Texas has ordered Fruit of the Earth to change the packaging of its generic sport and baby sunscreens. Schering-Plough maintains that the Fruit of the Earth packaging infringes the trade dress of its Coppertone sun care products.
In litigation pending before the Texas court, Schering-Plough has sought an expedited resolution of the matter. The court declined to enter a preliminary injunction against Fruit of the Earth at this stage but, after several days of hearings, stated that Fruit of the Earth must change its products’ trade dress, including, among other things, changing the packaging design of products that have already been manufactured.
The court also stated that Fruit of the Earth must complete the changes to its product packaging within two weeks, and must certify its compliance to the court.