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ARTICLE · 28 JULY 2023

"Electrifying" Insights: Federal Court Considers Comparative Advertising

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The Federal Court's recent decision in Energizer Brands, LLC v. Gillette Company considers whether a comparative advertising campaign...

CanadaIntellectual Property
Jennifer McKenzie
Jennifer McKenzie
Mark Davis
Mark Davis
Steven Henderson
Steven Henderson
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The Federal Court's recent decision in Energizer Brands, LLC v. Gillette Company1 considers whether a comparative advertising campaign that made both direct and indirect references to a competitor's brand violated the Trademarks Act or Competition Act. This decision is the latest word in a limited line of case law on the intersection between comparative advertising, trademark law and competition law. It provides valuable insights for consumer-facing businesses when considering a comparative advertising campaign.

Background

This case involved Canada's two leading consumer battery brands: Duracell and Energizer. Duracell attached stickers to its battery packaging that claimed its batteries lasted longer than Energizer's. Some of these stickers displayed Energizer's registered trademarks ENERGIZER and ENERGIZER MAX:

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