Flonase (fluticasone propionate) marketer GlaxoSmithKline PLC is comfortable that Perrigo Co. PLC changed packaging for its private label equivalent Nasoflow enough, without changing the brand name, to avoid confusing consumers about the products.

GSK alleged in 2016 that Perrigo inverted the two syllables in Flonase as a brand for its own intranasal corticosteroid with the same formulation and used similar packaging to further cause potential confusion between the products. GSK withdrew the litigation after Perrigo failed to file a response to the UK pharma's complaint filed in US District Court for the Eastern Texas District and after the OTC private label giant apparently changed Nasoflow packaging.

GSK said in its complaint that the Nasoflow trademark and its “confusingly similar and diluting” trade dress were intended to “cause confusion, mistake or deception" of the trade or public and to make consumers falsely believe that Perrigo’s was authorized, sponsored or approved by GSK or otherwise associated. (Also see "Perrigo's 'Inversion' Of Flonase Trademark Cuts Too Close For Glaxo's Market Share Comfort" - Pink Sheet, 4 March, 2016.)

GSK noted Perrigo incorporated elements from Flonase’s trade dress: an arrangement of five multi-colored, geometric shapes with symbols designed to connote allergens the Perrigo product aims to treat and a “dominant green packaging.”

But GSK voluntary withdrew the complaint in June 2016. While it didn't stop using he Nasoflow brand, Perrigo apparently re-packaged Nasoflow from the original carton in a blue rather than green box without the multi-colored shapes.

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