As two of the country’s largest cigarette manufacturers, Philip Morris USA and Lorillard Tobacco Company have fought through mountains of litigation from smokers, advocacy groups and the U.S. Justice Department.
Now Virginia-based Phillip Morris is taking the fellow tobacco giant to federal court, arguing the maker of Newport cigarettes has copied Phillip Morris’ trademarked “M” on a new product.
The letter is associated with the Marlboro brand and is “among the most widely recognized marks in U.S. commerce,” according to the lawsuit filed this week in federal district court in Richmond.
“We will vigorously protect the integrity of the Marlboro brand and its related trademark,” said Bill Phelps, a spokesman for Philip Morris.
Lorillard, which is based in Greensboro, N.C., recently began selling the Newport “M” blend in a test market, according to Phelps. The suit calls this action “a blatant attempt to trade on the long-standing goodwill and equity” of Philip Morris’ brand and symbol.
A Lorillard spokesman did not return a call for comment on Tuesday.
The lawsuit asks a judge to permanently halt the company’s use of the M and destroy all of its packaging and advertising material bearing the mark. It also seeks Lorillard’s profits from the brand, legal fees and other damages.
Philip Morris, part of Altria Group, is the country’s largest tobacco company. Its Marlboro brand was favored by 42.4 percent of cigarette smokers in 2005, according to a report released this year from the National Survey on Drug Use and Health. The report ranked Newport a distant second, with 11.3 percent of smokers preferring that brand more than any other.
