CINCINNATI, Aug. 21, 2008 /PRNewswire/ -- The Procter & Gamble Company (NYSE: PG) has filed a lawsuit against RNA Corporation of Blue Island, Illinois, for the infringement of its Herbal Essences intellectual property, including trademark, trade dress and design patents.

The suit, filed today in the United States Federal District Court for the Southern District of Ohio in Cincinnati involves the company's Herbal Essences logo and the unique design of the Herbal Essences bottles for shampoos and conditioners. P&G claims private label manufacturer, RNA Corporation, is distributing shampoo and conditioner products under the name Hydrating Herbal Shampoo and Hydrating Herbal Conditioner which infringe the Herbal Essences intellectual property rights. Procter & Gamble is asking that RNA Corporation be ordered to stop distributing the infringing products, request the recall of existing inventory from store shelves, and destroy the bottle molds.

Procter & Gamble introduced the award winning Herbal Essences packaging with the relaunch of the brand in 2006. P&G believes that RNA Corporation is selling products in packages that copy the well-known Herbal Essences packaging to capitalize on the brand's success and consumer loyalty. P&G further believes that the unauthorized use of its trade dress is likely to cause confusion and could jeopardize the goodwill Herbal Essences has established among its consumers.

"We believe this is a clear case of infringement designed to take advantage of the Herbal Essences' business and its consumer loyalty," said Steven Jemison, P&G chief legal officer. "This is a serious 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."

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