Energizer Settles Lawsuit Against Powermax Battery

October 07, 2003 by Jeff Shepard

Energizer Holdings Inc. (St. Louis, MO) announced that its US operating subsidiary, Eveready Battery Company Inc. has settled its action in the US District Court for the Central District of California against Powermax Battery (USA) Inc. The case has been settled under confidential terms. Powermax owned two US trademark registrations for EVERMAX for a variety of goods and such registrations have now been expressly abandoned by Powermax.

In the action, Energizer sought damages and injunctive relief against Powermax for federal trademark infringement; federal false or misleading descriptions and representations; federal trademark dilution; cancellation of Powermax's federal trademark registrations; infringement of California and common law trademarks, trade names and trade dress rights; unfair competition and unfair business practices under California state law; injury to business reputation and dilution of distinctiveness of trademarks and service marks under California state law; and constructive trust.

Gayle Stratmann, vice-president and general counsel for Energizer, stated, "Our trademarks and trade dress are valuable assets and Energizer will continue to protect them against infringement."