It is not the first time the company has been in court for this reason.

Only last year Proctor & Gamble (P&G) filed a lawsuit against the company for infringing a number of patents taken out to protect Olay Regenerist.

Packaging design

Now the Federal District Court for the Northern District of Texas has ordered Fruit of the Earth to change the packaging design, among other things, of its sunscreen products.

The company must make the changes within two weeks and certify compliance with the court or face the possibility of sanctions.

Schering-Plough brought the accusations to court because it felt that the distinctiveness of its Coppertone brand had been compromised.

In litigation pending before the Texas court, Schering-Plough said it sought swift resolution to the matter but the court declined to enter a preliminary injunction against Fruit of the Earth at this stage.

However, the court ordered the company to make changes to its trade dress after several days of trading.

Distinctiveness compromised

The manufacturer said it is pleased with the outcome and added that consumers associate the Coppertone trade dress with the company's high quality, innovative sun care products.

It is a science-orientated health care company while Fruit of the Earth produces aloe-vera-based and nature-inspired personal care products.

In the lawsuit P&G filed against Fruit of the Earth late last year the company was accused of producing a look-a-like product that unfairly traded on the 'years of effort and expertise' put in by P&G.