Energizer settles IP infringement suit with Spectrum

US-based battery manufacturer Energizer has settled its trademark and copyright infringement suit with consumer products business Spectrum Holdings.

On December 19 last year, Energizer filed an infringement suit at the US District Court for the Eastern District of Missouri.

Energizer argued that Spectrum had infringed and diluted its trade dress and trademarks, designated false origin, infringed its copyright and competed unfairly. It asked for preliminary and permanent injunctive relief.

The battery manufacturer has used its ‘Energizer’ brand since 1955 and owns a number of trademarks at the US Patent and Trademark Office (USPTO). Energizer also owns copyright for its ‘beam design’, used on Energizer’s products.

The suit argued that Spectrum Holdings sold infringing products that were confusingly similar to Energizer’s products. These goods included the Rayovac Charge and Rayovac High Energy.

Rayovac is one of the brands owned by Spectrum.

“Spectrum has recently begun a campaign to progressively and radically change the product packaging for its Rayovac batteries to closely mimic the Energizer trade dress,” the suit said.

Energizer asked for a preliminary and permanent injunction against Spectrum, enhanced profits, triple damages, statutory damages, punitive damages, pre- and post- judgment interest and any other relief that the court may deem just and proper.

On Wednesday, January 25, Energizer filed a notice of dismissal (pdf) at the Eastern District of Missouri.

Energizer also notified the USPTO that the case had been settled, but the terms of the agreement have not been released.

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