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May 7 2008 12:46:33:863PM
Playtex Products, Inc. Files Infringement Suit Digg this story
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WESTPORT, Conn., May 7 /PRNewswire/ -- Playtex Products, Inc. (Playtex)
has filed a lawsuit against Fruit of the Earth, Inc. of Irving, Texas, for
patent and trade dress infringement.

    The suit, filed in the United States Federal District Court for the
District of Delaware claims patent infringement as well as trade dress
infringement of the Banana Boat(R) Ultramist(R) Kids Tear-Free Continuous
Lotion Spray Sunblock packaging by a product sold by Fruit of the Earth.
Playtex is asking that Fruit of the Earth be ordered to stop distributing
the infringing product, to recall from distribution and destroy all
infringing product, and to pay monetary damages.

    "We cannot allow other companies to copy our products and infringe on
our patents", said Gary Cohen, Vice President/General Manager of Playtex in
a statement on Friday. "Playtex's products are associated with high quality
and have achieved enormous goodwill among consumers from years of effort,
expense and investment. To protect that investment, Playtex will take
action against the unauthorized use and infringement of its intellectual
property," he added.





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