Another trade dress infringement case surfaces.(Mead Johnson and Company Inc. and PMB Products LLC)(Brief article)

Private Label Buyer, January, 2007

Mead Johnson & Co., Evansville, Ind., a subsidiary of New York City-based Bristol-Meyers Squibb, and a provider of science-based pediatric nutrition products, has filed a lawsuit against Gordonsville, Va.-based PMB Products LLC for an alleged trade dress infringement issue regarding Mead Johnson's Enfamil LIPIL infant formula. The allegation by Mead Johnson states that PMB's Member's Mark Infant Formula, a store-brand formula that offers the same level of listed nutrients as Enfamil LIPIL and costs nearly half the price (on a per-ounce basis), constitutes false designation of origin and unfair competition.

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The lawsuit also contends that Enfamil LIPIL has significantly lost ground to the store-brand formula because of the...

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