CINCINNATI – Procter & Gamble Co. asked a judge yesterday 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 federal court in San Francisco follows a lawsuit that P&G filed on Aug. 27.
In the new motion, 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 company said.
“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 it would “defend the lawsuit vigorously.”
