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The Perfect IP Conference Gift: Infringing Batteries

Issued: May 09 2013

Is it a Duracell, is it a Panasonic, or is it possibly Eveready?

 A convention touting the importance of brand protection is, perhaps, the last place a savvy IP lawyer would expect to find an infringing brand.


But that’s possibly what happened at the 135th International Trademark Association Annual Meeting in Dallas, Texas, where lawyers at an evening reception – hosted by a law firm - were treated to a battery-operated gift powered by AA “Durasonic” batteries.


Evidently part Duracell and part Panasonic, the batteries also carry a remarkable likeness to the Eveready brand, pulling off a sort of battery brand infringement trifecta.


“If I saw this, I would get Duracell and Panasonic as first plaintiff and second plaintiff and sue them,” said Pauline Khor, a partner who heads the IP and technology practice at Rahmat Lim & Partners in Kuala Lumpur, who was shown the batteries at the INTA annual meeting. “Individually, it would be difficult, but together, we might be able to make out a case.”


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