U.S. News | Energizer Sues Duracell of False Advertising and Trademark Infringement

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Energizer Brands, LLC, the maker of Energizer batteries has filed a lawsuit in the U.S. District Court for the Southern District of New York against Duracell alleging false advertising of its AA and AA Optimum batteries and trademark infringement.

Energizer alleges that Duracell convince consumers to believing its batteries are original with extra life and extra power making it last longer than other batteries.

Energizer argues that Duracell knows that its batteries are not true as it claims.

Energizer reportedly said that “only those rare consumers willing to meticulously parse Duracell’s miniscule and ambiguous disclaimers would be able to distinguish Duracell’s actual, more limited claim”.

“These paltry and sporadic benefits are not the stuff great ads are made of and, indeed, barely seem worth touting at all,” Energizer reportedly added.

According to the lawsuit, the plaintiff real claim is that Duracell’s Optimum batteries are more powerful and longer lasting than Duracell’s own coppertop batteries.

Energizer asked the court for damages for false advertising and an injunction against future advertising.

The case is pending.

Energizer Brands, LLC v. Duracell U.S. Operations, Inc.

Judge:J Paul Oetken
Court:New York Southern District Court
Case #:1:19-cv-09061
Nature of Suit:Other Statutory Actions
Cause:Trademark Infringement
Case Filed: September 30, 2019
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About Nathaniel Adebayo 506 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com