Kao issues lawsuits against Henkel
Claims foam hair colour infringes German and Japanese patents
Japan’s Kao Corporation has filed infringement lawsuits against Henkel AG & Co KGaA and its Japanese subsidiary Schwarzkopf & Henkel KK.
Henkel has been selling foam type hair colour products in both Germany and Japan since September 2010, which Kao alleges infringes its German Utility Model No 20 2004 021 775 and its Japanese Patent No 4663772. An infringement lawsuit, seeking injunction of the sale of the products and a declaration that Henkel is liable for damages was filed against Henkel AG in the Regional Court of Düsseldorf on 22 February, while a separate infringement lawsuit, seeking a preliminary injunction of the sale of the products was filed against Schwarzkopf & Henkel KK in the Tokyo District Court on 23 February.
According to Kao, its patents relate to “a two agent foam type hair dye in a non-aerosol vessel” commercially available as Prettia “Funwari” Foam Colour, launched in July 2007, and Blauné Foam colour, launched in October 2008.
