Last month, the Federal Court held that Duracell had used
certain of Energizer's trademarks in a manner that was likely
to depreciate the value of the goodwill attached to those
trademarks, in contravention of section 22 of the Trademarks
Act.
Energizer owns registered trademarks for ENERGIZER, ENERGIZER
MAX, RABBIT & Design, and ENERGIZER BUNNY & Design.
Between 2014 and 2017, Duracell affixed stickers to packages of
its AA and hearing aid batteries. The stickers variously read
"15% longer lasting vs. Energizer on size 10, 13, and
312" [Energizer HA Sticker], "Up to 20% longer lasting
vs. the bunny brand on sizes 10, 13 & 312" [Bunny Brand HA
Sticker]. "Up to 15% longer lasting vs. Energizer Max"
[Energizer Max AA Sticker], and "up to 15% longer lasting vs.
the next leading competitive brand" [Next Leading Competitive
Brand Sticker].
