P&G Files Infringement Lawsuit Against Private Brand Manufacturer

P&G filed a lawsuit on April 2, 2012 against Be Well Marketing, Inc., a Private Brand manufacturer and distributor of tooth whitening products. The lawsuit alleges that Be Well Marketing, Inc. is violating P&G’s intellectual property by manufacturing and selling its private label “Dental Strips” product. P&G is suing Be Well in order to protect its investment in its technology and its Crest Whitestrips business.

P&G introduced the process of at-home whitening with the introduction of Crest Whitestrips to the public in 2001, and has had a steady stream of innovations on its product over the past decade. Crest 3D White Whitestrips offer consumer benefits, such as Crest 3D White’s most advanced adhesion technology, to deliver an enhanced tooth whitening experience with no slip and no mess. Formulated with the same enamel-safe whitening ingredient dentists use, these teeth whitening systems remove set in stains below the enamel surface. The Crest 3D White Whitestrips technology is a competitive advantage to P&G in the marketplace and P&G intends to protect its investment in the product.

“P&G has made significant investments in the innovations behind our Crest Whitestrips products. We treat infringements of our intellectual property rights protecting these innovations very seriously,” said Deborah P. Majoras, chief legal officer of P&G. “By filing a lawsuit against Be Well Marketing, we are taking steps to protect this investment and our business.”



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Christopher Durham
Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.