Consumer seeing “bunny brand” in relation to batteries would make connection to ENERGIZER Bunny Trademark

Federal court | Intellectual Property | Trademarks | Miscellaneous

Summary judgment to strike allegations. Defendant D Inc. and plaintiff E Inc. were leading battery brands in Canada. E Inc. brought action for damages from D Inc.’s use of terms “next leading competitive brand” and “bunny brand” on labels D Inc. attached to packages of its D Inc. batteries. D Inc. brought motion for summary judgment to strike allegations from E Inc.’s second amended statement of claim. Motion granted in part. D Inc.’s use of term “bunny brand” on packages of its batteries may offend ss. 22(1) of Trademarks Act and will not be struck. D Inc.’s use of “bunny brand” may offend ss. 7(a) and 7(d) of Trademarks Act and will not be struck. D Inc.’s use of term “next leading competitive brand” on packages of its batteries did not offend either ss. 22(1), 7(a) or 7(d) and will be struck. E Inc. did not have right to accounting for profits. Given ENERGIZER Bunny Trademarks, and fact that each was a famous mark, somewhat-hurried consumer seeing words “bunny brand” in relation to batteries would make both link with and connection to ENERGIZER Bunny Trademark. D Inc. used “bunny brand” to claim that its batteries were longer lasting than E Inc.’s batteries.

Energizer Brands, LLC v. The Gillette Company (2018), 2018 CarswellNat 6146, 2018 FC 1003, Henry S. Brown J. (F.C.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights