Case against Colgate-Palmolive dismissed. Colgate-Palmolive is not responsible for counterfeit products sold in the marketplace that violate their trade name and trademarks.

The plaintiff unknowingly purchased counterfeit Colgate toothpaste at Dollar Worth and got sick after using it. Colgate's technical associate tested the packaging and product and learned that it was counterfeit. A defendant who seeks summary judgment claiming that it did not manufacture the allegedly defective product has the initial burden of establishing that, as a matter of law, it did not manufacture the product in question; the plaintiff must then rebut this showing with affirmative evidence sufficient to create a reasonable inference that the defendant's product caused the injury.

Case Law Alerts - 2nd Quarter 2013