AVH successfully represents private label manufacturer in trademark litigation brought by national brand

AVH successfully represented Actavis Pharmaceuticals in a litigation brought under the Lanham Act by Johnson & Johnson, the manufacturer of Neosporin, challenging the packaging of the private label triple antibiotic ointment Actavis makes for major retail chains, including CVS, Walgreens, Rite Aid, and Target. Johnson & Johnson claimed that the private label packaging infringed its alleged trademark by use of a shade of gold or yellow confusingly similar to that on the Neopsorin packaging, as well as infringement of its overall tradedress. Johnson & Johnson also claimed that Actavis' use of shades of yellow and gold diluted its alleged trademark rights in those colors.