In the fast-paced world of American commerce, businesses in Florida must continually compete and search for new ways to get ahead and, ideally, stay ahead, of the competition. There can be many positive sides to this but it can also give rise to additional headaches and problems that companies have to deal with. Competition can grow a market but it can also move into the realm of unfair. When this happens, legal battles between competitors may ensue.
Such is the case in the world of the nation’s leading battery manufacturers today. In early 2016, Duracell battery packages began featuring a pink bunny on them. Competitor Energerizer Brands promptly launched a lawsuit against Duracell, alleging a trademark infringement on its well-known Energizer bunny. Now, Energerizer is facing another threat from yet a different competitor. This time the company who is allegedly infringing on Energerizer’s brand is Spectrum Brands Holdings, the parent company of Rayovac batteries.
Rayovac updated its packaging and Energizer says the new designs and colors are too similar to its own. Energizer insinuates that the new packaging is misleading to consumers and unfairly leverages the Energizer brand to obtain sales for Rayovac. Rayovac holds the number three position in the battery market, behind Energizer and Duracell.
Companies who find their brands under seige unfairly by competitors may find it beneficial to talk with an experienced business law attorney. Learning how the law protects trademarks can provide insight into the best course of action at these times.
Source: St. Louis Post-Dispatch, “Energizer sues Rayovac, alleges trademark infringement,” Lisa Brown, Dec. 20, 2016