Duracell sues discount chain over grey market batteries
Battery producer Duracell has sued Ocean State Job Lot, a chain of discount stores, over the sale of grey market Duracell batteries.
According to the claim, which was filed on Wednesday, July 19, at the US District Court for the District of Connecticut, Ocean State had sold Duracell alkaline batteries not authorised for sale to US consumers.
“For example, the infringing products include the presence of the pink Duracell Bunny on the package, which is a design mark that is intended only for use in foreign countries and is subject to geographic limitations under a long-standing agreement between Duracell and Energizer,” said the claim.
It added that the grey market batteries make advertising claims, such as “up to 6x longer lasting power”, that are intended only for countries that have a significant percentage of zinc carbon batteries.
The battery producer also claimed that the batteries fail to provide a description of the Duracell guarantee and the phone number to Duracell’s customer service department on their packaging, and instead feature foreign language and foreign call centre numbers.
Duracell has sold batteries marked with its ‘Duracell’ name and copper and black colour scheme for more than 50 years, said the suit.
It owns the trademark registration for ‘Duracell’ in international classes 7, 9, 11, 12, and 15, as well as US class 021.
Duracell sent a cease-and-desist letter to Ocean State, said the claim, but Ocean State “flatly rejected” Duracell’s demand.
Duracell is seeking permanent injunctive relief, triple damages, attorneys’ fees, and a jury trial.
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