P&G Asks Judge to Stop Kraft From Using Coffee Container
( AP ) -- Procter & Gamble Co. asked a judge Friday to stop Kraft Foods Inc. from continuing to manufacture and distribute its Maxwell House coffee in a plastic container that P&G has alleged infringes on a patent.
The motion in U.S. District Court for the Northern District of California in San Francisco follows a lawsuit that P&G filed on Aug. 27 in the same court.
In the new motion, consumer goods company P&G charges that its Folgers brand faces irreparable harm from Kraft's continued use of the Maxwell House container and wants the judge to quickly intervene.
P& G introduced a plastic container for its Folgers coffee in 2003 that has been used to help grow the Folgers business, the Cincinnati-based company said in a statement.
"We believe this is a case of clear infringement designed to take advantage of the consumer goodwill and business growth that P&G developed through its patented innovation on the Folgers brand," said Jim Johnson, P&G chief legal officer.
The lawsuit seeks to stop Kraft from selling its coffee in the packaging. It also seeks recovery of an unspecified amount in damages.
Kraft said in a statement Friday that it would "defend the lawsuit vigorously."
"One company cannot attempt to corner the market on plastic packaging -- even with a patent that purports to cover commonly used concepts," the statement said.
Kraft said it would present its case on why the motion should be denied at the Oct. 24 hearing requested in the motion.