P&G Settles With First Quality Hygienic

March 8, 2007 -- Attorneys for both First Quality Hygienic and Procter & Gamble have requested the case below be dismissed. Both parties agreed to bear their own costs and expenses, but other terms of settlement were not disclosed.First Quality Hygienic Names Shoppers Drug Mart in ComplaintJune 22, 2006 -- As part of its defense against an infringement lawsuit filed by Procter & Gamble, private label manufacturer First Quality Hygienic today filed a third party complaint alleging that Canadian drugstore chain Shoppers Drug Mart is actually responsible for any damages resulting from P&G's suit (see below). First Quality alleges that because Shoppers Drug Mart specified the packaging design, the retailer is ultimately responsible for paying the damages. "Plaintiffs' claims against [First Quality Hygienic] are based on packaging that was specified by [Shoppers Drug Mart], thus FQH is not the real party in interest in the Plaintiffs' claims," the complaint alleges.Shoppers Drug Mart operates 925 stores in Canada.P&G Files Trade Dress Suit Against First Quality HygienicJune 8, 2006 -- In its third recent lawsuit against private label manufacturers, The Procter & Gamble Co. and subsidiary Tambrands Inc. have filed a lawsuit for trademark and trade dress infringement against First Quality Hygienic, a private label manufacturer. Filed in U.S. Federal District Court for the Eastern District of New York, the lawsuit alleges that First Quality Hygienic infringes on the registered trademarks and packaging trade dress of P&G's Tampax Pearl tampons. The First Quality Hygienic tampon is sold in Canada under the Life Brand.P&G claims First Quality Hygienic is manufacturing and distributing products in packages that copy the famous Tampax Pearl packaging, including the distinctive string-of-pearls design. The company has marketed the Tampax Pearl brand for over three years and it has garnered substantial goodwill among consumers.In an answer filed June 8, 2006, First Quality Hygienic denies any misuse of P&G's trademarks and trade dress. The "designations on which plaintiffs claim trademark rights are merely descriptive and are not validly owned by plaintiffs," the answer alleges. To read the complete complaint and answer, click on the Attached Files at right.P&G settled a similar lawsuit with McLane Company in February and is proceeding with another suit against Vi-Jon Laboratories."We took this action to protect both the interests of our consumers and our business," said Patricia Perez-Ayala, general manager North America Feminine Care for P&G. "Women across North America trust Tampax Pearl. The use of our trademarks or trade dress by other manufacturers confuses and misleads these consumers and that cannot be tolerated."

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