1 October 2019TrademarksSaman Javed

Energizer accuses Duracell of false advertising

The maker of Energizer batteries has accused Duracell of making false claims in the advertising of its AA and AA “Optimum” batteries.

The complaint, filed at the US District Court for the Southern District of New York yesterday, Monday 30, alleged that Duracell dupes consumers by implying that its batteries are more powerful and last longer than competing batteries.

Specifically, it said Duracell leads customers to believe that its batteries offer “extra life” and “extra power” than all other batteries “when they are not—and Duracell knows they are not”.

Energizer said “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”.

It said the real claim is that Duracell’s Optimum batteries are more powerful and longer lasting than Duracell’s own coppertop batteries.

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

In its filing, Energizer asked the court for damages for false advertising and an injunction against future advertising.

The lawsuit is not the first Duracell has faced over its Optimum batteries, which were launched in July.

In August, vaping company What A Smoke accused Duracell of infringing its trademark rights in ‘Optimum’ with respect to batteries, battery chargers, liquids and other products associated with electronic cigarettes.

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