Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
Justice Fuhrer - 2023-07-06
Read full decision. Automatically generated summary:
This is a case about comparative advertising. In determining a case like this, the Court often is tasked with considering whether the challenged activity depreciates goodwill and unfairly trades on a claimant’s reputation through a competitor’s false or misleading statements about the claimant or their products, or whether the activity is permissible competition that does not violate the claimant’s intellectual property rights. ... I find that the Defendants’ use of the Plaintiffs’ registered trademarks ENERGIZER and ENERGIZER MAX in comparative advertising on packaging labels or stickers for the very products listed in the registrations contravenes section 22 of the Trademarks Act. I therefore allow the action, in part, on the terms described below.
Decision relates to:
- T-1591-15 - ENERGIZER BRANDS, LLC v. THE GILLETTE COMPANY ET AL