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|
|Nature of Suit:||Other Statutory Actions|
|Case Filed:||September 30, 2019|