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P&G Files Suit Against Berkshire Unit
Thursday December 22, 9:18 am ET
Procter & Gamble Files Suit Against Berkshire Hathaway Unit, Charging Copying of Products

CINCINNATI (AP) -- Procter & Gamble Co. said Thursday said it has filed a lawsuit against McLane Co., a food distributor owned by billionaire investor Warren Buffett's Berkshire Hathaway Inc., charging it with selling items that copy the packaging for well-known P&G brands.

The lawsuit, filed in U.S. Federal District Court for the Southern District of Ohio, charges McLane and two subsidiaries with selling products that copy Procter & Gamble's Bounty, Charmin, and Vicks' NyQuil and DayQuil LiquiCaps brands, the company said in a statement.

"It is our belief that the defendants are selling products in packages that copy the famous P&G products and packages," P&G said. "These look-alike products can confuse people and are a disservice to consumers."

A P&G spokeswoman also said the company would seek damages from McLane. A spokeswoman for McLane, based in Temple, Texas, was not immediately available to comment.

Procter & Gamble, one of the world's biggest consumer products companies, also said it would ask for a preliminary injunction to order McLane to stop distributing the disputed products, and to notify their retailers to impound or return the products.

McLane is one of the nation's biggest food distribution and logistics companies, providing food, drinks, utensils and other products to convenience stores, mass retailers, fast-food chains and movie theaters around the world. Berkshire Hathaway acquired McLane from Wal-Mart in 2003.

-- posted by Kirk