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Global News
4 days ago
- Business
- Global News
Duracell sues Energizer over battery life claims in high-voltage feud
In a battle of the batteries, Duracell has sued Energizer, accusing its rival of crossing the positive line and misleading consumers in a nationwide TV and online ad campaign about whose batteries last longer. Duracell, owned by Warren Buffett's Berkshire Hathaway, filed a complaint in Manhattan federal court on June 13, stating that it has suffered irreparable harm and lost customer goodwill due to Energizer Max ads featuring Energizer's sunglasses-clad, drum-beating pink bunny. Duracell contested claims that Energizer Max outlasts Duracell Power Boost batteries by 10 per cent, that it 'beats' Duracell, and is 'proven to last longer' in the ongoing power struggle between the two brands. It said Energizer based those claims solely on a comparison of AA batteries under the non-profit American National Standards Institute's personal grooming products standard and does not apply to all Duracell batteries. Story continues below advertisement The claims 'necessarily imply the false message that Energizer Max batteries outlast all Duracell batteries' and represent 'a clear effort by Energizer to expand its market share — at Duracell's expense,' Duracell said in the high-voltage feud against its competitor. 3:59 Health Matters: Button battery poisoning One of Energizer's recent YouTube ads shows their pink bunny battling it out with a battery that looks very similar to a Duracell product. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'There's no competition. Energizer Max outlasts Duracell Power Boost by 10 per cent. No fluff. Just facts. Energizer Max now powered by enhanced energy,' a voiceover states. Duracell accused Energizer of false advertising under federal and New York unfair competition laws but Energizer has yet to respond to the claim. It is seeking unspecified compensatory and punitive damages, including lost profits and an injunction requiring 'corrective advertising.' Story continues below advertisement This isn't the first time the companies have battled it out in a fully charged courtroom. In 2022, Energizer won a seven-year court case against Duracell in a Canadian court after arguing that Duracell packaging couldn't claim its products lasted longer than Energizer products because of the contravened trademark law, since their slogan is famously associated with the Energizer Bunny that 'keeps going and going and going.' The court ruled in Energizer's favour regarding the use of its trademarks in Duracell's campaign, awarding Energizer a permanent injunction and $179,000 in damages. In 2019 and 2020, Duracell and Energizer sued each other in the Manhattan court over performance claims in ads for Duracell Optimum and Energizer Max batteries. Both lawsuits were resolved and voluntarily dismissed in December 2020. It seems that Energizer 'keeps suing and suing and suing' as they won another lawsuit against Duracell in 2016 for using a pink bunny mascot in their ads even though Duracell began using a pink bunny in 1973. View image in full screen Pink rabbit and a drum, emblem of Duracell from 1973. Apic/Getty Images Energizer began featuring a pink bunny in their ad campaigns in 1989 and Duracell retained European rights to the bunny in a deal between the two companies in 1992. But Energizer claimed its rights were violated in 2016 because packages of Duracell batteries featuring the rabbit began showing up in stores in the United States after being imported from Europe. Story continues below advertisement View image in full screen The Energizer Bunny during the filming of a television commercial, July 27, 2000, in Los Angeles, Calif. Getty Images/Bob Riha, Jr. After Energizer filed a trademark infringement and contract violation against its rival, Duracell replied and said the cases Energizer cited came from overseas distributors imported packages abroad and that they did not have the power to stop those distributors from shipping them. In November 2017, a United States District judge threw out most of Energizer's claims in the judgement, but left the breach of the 1992 territorial contract. As for the latest legal power struggle between the two battery giants, it seems the feud will keep on going and going with a fully charged debate. — With files from Reuters
CNN
5 days ago
- Business
- CNN
Duracell sues Energizer, claiming ad campaign features ‘misleading' battery life claims
America's top battery brands are locked in a power struggle over battery life claims. Duracell has filed a lawsuit against Energizer, accusing the rival battery maker of running a deceptive advertising campaign. In a complaint filed in federal court in Manhattan on June 13, Duracell — which is owned by Warren Buffett's Berkshire Hathaway — alleged that Energizer's new ad campaign falsely states that its Energizer MAX batteries outlast Duracell Power Boost batteries by 10%. The ad's claims have caused Duracell to suffer 'irreparable reputational harm, including the tarnishing of its brand and loss of goodwill,' Duracell said in the complaint. Duracell alleged that the sole basis for Energizer's 10% claim is a comparison of the two brands' AA batteries under one industry standard, but battery performance is also measured by other standards, the company said. 'The Energizer MAX False Advertising is a clear effort by Energizer to expand its market share – at Duracell's expense – by confusing and misleading consumers about the comparative performance of Energizer MAX batteries and Duracell Power Boost batteries with blantantly false advertising in a transparent, and unfair, effort to drive sales,' the complaint said. Energizer's new ad campaign, which launched earlier this month, has been featured on numerous television channels, as well as on Facebook, Instagram and YouTube, the lawsuit said. One YouTube ad features Energizer's mascot, the Energizer Bunny, engaging in a head-to-head showdown with a battery that looks like a Duracell battery. 'There's no competition. Energizer MAX outlasts Duracell Power Boost by 10%,' the ad says. 'No fluff, just facts.' Duracell is seeking to halt Energizer's ads and for Energizer to pay monetary damages. Energizer did not immediately respond to CNN's request for comment.
Yahoo
5 days ago
- Business
- Yahoo
Duracell sues Energizer over battery life claims
By Jonathan Stempel NEW YORK (Reuters) -Duracell has sued Energizer, accusing its rival of misleading consumers in a nationwide TV and online ad campaign about whose alkaline batteries last longer. In a complaint filed in Manhattan federal court, Duracell, owned by Warren Buffett's Berkshire Hathaway, said it has suffered irreparable harm and lost customer goodwill from Energizer MAX ads featuring Energizer's sunglasses-clad, drum-beating pink bunny. Duracell objected to claims that Energizer MAX outlasts Duracell Power Boost batteries by 10%, "beats" Duracell, is "proven to last longer," and "Lasts longer. 'Nuff said." It said Energizer based those claims solely on a comparison of AA batteries under the nonprofit American National Standards Institute's personal grooming standard. The claims "necessarily imply the false message that Energizer MAX batteries outlast all Duracell batteries," and represent "a clear effort by Energizer to expand its market share--at Duracell's expense," Duracell said. Energizer did not immediately respond on Monday to requests for comment. The complaint was filed on Friday night. Duracell accused Energizer of false advertising under federal and New York unfair competition laws. It is seeking unspecified compensatory and punitive damages, including lost profits, and an injunction requiring "corrective advertising." Duracell is based in Chicago, and Energizer in St. Louis. The companies have battled in court before. In 2019 and 2020, Duracell and Energizer sued each other in the Manhattan court over performance claims in ads for Duracell Optimum and Energizer MAX batteries. Both lawsuits were resolved and voluntarily dismissed in December 2020. The case is Duracell US Operations Inc v Energizer Brands LLC, U.S. District Court, Southern District of New York, No. 25-05020. Sign in to access your portfolio
