The two biggest makers of baby food are battling over an age-old question: Do all babies look alike?
Gerber Products Co. has sued rival Ralston Purina Inc., saying the infant face that Ralston has stuck on its new Beech-Nut bottled spring water bears a suspiciously uncanny resemblance to Gerber's own baby-face trademark.The suit, filed Thursday in U.S. District Court in Manhattan, accuses Beech-Nut's parent of trademark infringement, unfair competition, confusing consumers and diluting the selling power of the venerable Gerber symbol.
At issue is the inch-high drawing of a cooing infant Gerber has used to identify baby food and beverage products since 1932. The image, which most frequently has appeared within a circle, has been used on other Gerber products.