Battery maker Energizer Holdings, Inc. (St. Louis, MO, U.S.) announced that its U.S. operating subsidiary, Eveready Battery Company, Inc., has settled its action in the U.S. District Court for the Central District of California against. Powermax Battery (USA) Inc.
In the action, Energizer sought damages and injunctive relief against Powermax for (i) federal trademark infringement; (ii) federal false or misleading descriptions and representations; (iii) federal trademark dilution, (iv) cancellation of Powermax's federal trademark registrations; (v) infringement of California and common law trademarks, trade names and trade dress rights; (vi) unfair competition and unfair business practices under California state law; (vii) injury to business reputation and dilution of distinctiveness of trademarks and service marks under California state law; and (viii) constructive trust.
The case has been settled under confidential terms. Powermax owned two U.S. Trademark registrations for EVERMAX for a variety of goods, and such registrations have now been abandoned by Powermax.
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."
to Daily News