August 5th, 2010. By AbiK

The beauty of blogging about all things legal is that you just never know what you’ll come across. Many times there are heart-wrenching personal injury stories. Sometimes there are lawsuits that need to be filed under “ridiculous“. And then, there’s the nurdle.

For those of you not-in-the-know, a “nurdle” would be the dollop or blob of toothpaste that sits so beautifully with nary a smudge or drip on top of a toothbrush in a toothpaste ad. You’ve seen it hundreds of times—it ranks up there in ad-land with the Philly Cream Cheese dollop spread on a bagel or the Cool-Whip dollop (below) on some strawberry dessert. It’s photo-styling perfection and you best not mess with it.

Especially if it may be trademarked.

And, it appears Glaxo is claiming that the nurdle is, indeed, a trademark of theirs—for their Aquafresh “Triple Protection” (oh, btw, “triple protection” is also part of this trademark infringement case) toothpaste. You know, the one made famous by blending three color stripes of toothpaste into one squirt of the tube.

But see, then came Colgate-Palmolive with its “Triple Action” toothpaste. Uh-oh. Now things are getting fired up. “Triple Protection” vs. “Triple Action”. And Glaxo was thinking that was sounding pretty darn close to their long-established triple-play (note, “triple play” is not trademarked) toothpaste.

So, upon seeing the new Colgate toothpaste, Glaxo had raised objections with Colgate over its branding. And apparently Colgate didn’t back down, which got Glaxo’s dander up.

According to Bloomberg.com, Glaxo filed new trademark applications for the nurdle. In a complaint filed by Colgate, this move—filing the trademark application—is a “shot across the bow” in which Glaxo is attempting to gain exclusive rights for the nurdle design. The complaint seeks to have a federal court rule that the Colgate toothpaste does not infringe Glaxo’s trademarks for Aquafresh.

Glaxo’s take on this? According to an emailed statement from Glaxo’s spokeswoman to bloomberg.com, “More than 20 years ago, GSK’s Aquafresh brand created the highly distinctive nurdle device to promote its range of Aquafresh oral care products. These extremely valuable trademarks are the exclusive property of GlaxoSmithKline’s world famous Aquafresh brand and GlaxoSmithKline will take all necessary steps to defend its rights.”





Tags: Colgate, Glaxo, Nurdle, Toothpaste, Trademark



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