FMC Wins Ruling on Label Infringement

PHILADELPHIA, Pa. – FMC Corp. disclosed last month that after hearing evidence presented in a lawsuit brought by FMC Corp. against Control Solutions (CSI), the United States District Court found that CSI willfully violated FMC's copyright in the TalstarOne multi-insecticide product label and is willfully selling its Bifen I/T product with an infringing product label. CSI was found to have knowingly and willingly assisted other generic manufacturers to label their respective bifenthrin-based products with a similarly infringing label, according to Don Claus, director, FMC Specialty Products Business.  TalstarOne multi-insecticide is FMC's flagship product used by pest management and lawn care professionals to provide broad-spectrum control of more than 75 species of pests.

Claus said the Court has issued a preliminary injunction ordering CSI and any entity acting in concert with CSI to:

1.   Stop manufacturing the infringing label or causing the label to be manufactured;

2.   Halt using the infringing label;

3.   Stop placing any product that has the infringing label affixed to it into the stream of commerce;

4.   Destroy all existing infringing labels; and

5.   Immediately provide all of Bifen I/T's distributors, customers and sub-registrants with a copy of the preliminary injunction order. 

"FMC has a long history of discovering, developing and marketing unique pest control solutions according to the highest standards and practices of our industry," said Claus.  "We are very pleased that the Court has ruled in our favor on this case.  The ruling clearly demonstrates the value of FMC's efforts to provide regulatory and commercial product stewardship to the customers we serve."

Abbe Fletman and Robert Zelinski of Wolf, Block, Schorr and Solis-Cohen LLP in Philadelphia represent FMC.