Kaufman & Forman, P.C.
Call to arrange a consultation
678-957-7769 | 770-390-9200
Contact Us
practice areas

Business litigation takes a bite out of company's profits

Georgia businesses may know the importance of patenting a product to be sure that no one else can use their proprietary information without the patent holder's express permission. This keeps other businesses from making a profit off another company's ideas, which could cause irreparable damage to the company that holds the patent. If it is discovered that patented information is being used without permission or agreed upon compensation to the patent holder, business litigation may be filed to keep the other company or companies from infringing on the patent.

For example, Proctor & Gamble Co. (P&G) holds a patent on its Crest Whitestrips. P&G discovered that another company, Clio USA was infringing on its patent by manufacturing and selling substantially similar teeth-whitening strips, which are distributed to stores such as Target. P&G filed a federal lawsuit against the company as part of its efforts to stop companies such as Clio USA from making products similar to the Crest Whitestrips. Recently, a consent order was entered out lining a settlement between the two companies.

Clio USA was to cease tooth-whitening strip shipments on Nov. 7, and is to inform all of the stores that carry its product to stop selling or distributing them by Dec. 31.  Before the consent order was even entered, Target severed its relationship with Clio USA, which cost the small New Jersey subsidiary of a company based in South Korea. This cost the company $3 million in revenue just from that store alone.

This type of business litigation can have a devastating effect on both the company infringing on the patent and the company who holds it. Georgia companies need to do their best to monitor their patents to be sure no one else is profiting from their ideas without permission. Conversely, companies that wish to sell a certain product need to be sure it is not inadvertently infringing on the patent of another company. 

Source: northjersey.com, "P&G prevails in patent dispute with Englewood Cliffs-based Clio USA", Hugh R. Morley, Nov. 3, 2014

No Comments

Leave a comment
Comment Information

Contact Kaufman & Forman, P.C. Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

get Legal Help Now

Kaufman & Forman, P.C.
8215 Roswell Road
Building 800
Atlanta, GA 30350

Toll Free: 800-461-5864
Phone: 678-957-7769
Fax: 770-395-6720
Atlanta Law Office Map

Review Us

Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.