The idea of a battery company using an image of a pink bunny on its packaging shouldn’t come as a surprise.
The fact that it’s Duracell—and not Energizer, whose drum-beating bunny has been part of its marketing since 1989—has raised some eyebrows.
Energizer is suing Duracell’s parent company—Proctor & Gamble—over using the recognizable pink bunny on some of its packaging.
Here’s the gist of the suit from the St. Louis Post-Dispatch:
On Thursday, Energizer filed a lawsuit in federal court in St. Louis accusing Duracell of violating its trademark by using a bunny on its battery packages in the U.S. Energizer says the Duracell bunny is too similar to the Energizer Bunny, its trademarked sunglasses-wearing, drum-beating pink rabbit.
Energizer’s U.S. trademark prohibits Duracell from using its image in American advertising and packaging. Despite this, the Duracell bunny has been spotted in Colorado, Missouri and various places online.
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“[The] public is likely mistakenly to believe Duracell’s products originate from or are affiliated, connected, or associated with Energizer or the Energizer Bunny Trademark,” Energizer alleges in the lawsuit.
The lawsuit seeks an injunction, unspecified damages and a recall of any Duracell products with bunnies on the packaging.
P&G did not respond to a request for comment. Energizer said it won’t comment on pending litigation, the St. Louis Post-Dispatch reports.