Energizer Announces Actions Against Trademark Infringement and Gray Goods Violations

Jan 18, 2001, 00:00 ET from Energizer Holdings, Inc.

    ST. LOUIS, Jan. 18 /PRNewswire/ -- Energizer Holdings, Inc. (NYSE:   ENR),
 today announced that its U.S. operating subsidiary, Eveready Battery Company,
 Inc., has filed suit in the Federal District Court for the Eastern District of
 New York against Bridgegate Sales Corporation, and several individual
 defendants for violations of the Lanham Act for the illegal importation of
 gray market Energizer brand batteries into the United States.  These gray
 market batteries, which are manufactured by Energizer overseas and are
 intended solely for sale outside the United States, differ significantly in
 composition and packaging from Energizer brand batteries made and sold to
 customers in the United States.  The Federal District Court has issued a
 Temporary Restraining Order barring the sale of these gray market batteries in
 the U.S. and scheduled a hearing for January 19, 2001.
     "Energizer's brand names and packaging represent a distinctly high level
 of quality to our U.S. customers," said Harry Strachan, Vice President and
 General Counsel.  "We have taken an aggressive stance in policing our rights
 and taking action to protect these valuable symbols of Energizer's commitment
 to quality and service."
     This action comes as the latest in a number of law suits filed by
 Energizer to protect its Intellectual Property and customers from counterfeit,
 infringing and gray goods products.  Most notably, in November of 2000,
 Energizer settled a multi-count suit in the United States District Court for
 the Central District of California for trademark infringement and unfair
 competition based on the sale of batteries that infringed Energizer's
 trademarks and trade dress in the United States and numerous foreign
 countries.  Defendants DS-Max U.S.A., Inc., Ashten Racks, and DS-Max
 International, a Canadian company, paid Energizer $420,000 in damages for the
 sale of batteries with infringing labels that were packaged in flashlight
 kits.
     Energizer, headquartered in St. Louis, Missouri, is the world's largest
 manufacturer of primary batteries and flashlights and a global leader in the
 dynamic business of providing portable power.
 
 

SOURCE Energizer Holdings, Inc.
    ST. LOUIS, Jan. 18 /PRNewswire/ -- Energizer Holdings, Inc. (NYSE:   ENR),
 today announced that its U.S. operating subsidiary, Eveready Battery Company,
 Inc., has filed suit in the Federal District Court for the Eastern District of
 New York against Bridgegate Sales Corporation, and several individual
 defendants for violations of the Lanham Act for the illegal importation of
 gray market Energizer brand batteries into the United States.  These gray
 market batteries, which are manufactured by Energizer overseas and are
 intended solely for sale outside the United States, differ significantly in
 composition and packaging from Energizer brand batteries made and sold to
 customers in the United States.  The Federal District Court has issued a
 Temporary Restraining Order barring the sale of these gray market batteries in
 the U.S. and scheduled a hearing for January 19, 2001.
     "Energizer's brand names and packaging represent a distinctly high level
 of quality to our U.S. customers," said Harry Strachan, Vice President and
 General Counsel.  "We have taken an aggressive stance in policing our rights
 and taking action to protect these valuable symbols of Energizer's commitment
 to quality and service."
     This action comes as the latest in a number of law suits filed by
 Energizer to protect its Intellectual Property and customers from counterfeit,
 infringing and gray goods products.  Most notably, in November of 2000,
 Energizer settled a multi-count suit in the United States District Court for
 the Central District of California for trademark infringement and unfair
 competition based on the sale of batteries that infringed Energizer's
 trademarks and trade dress in the United States and numerous foreign
 countries.  Defendants DS-Max U.S.A., Inc., Ashten Racks, and DS-Max
 International, a Canadian company, paid Energizer $420,000 in damages for the
 sale of batteries with infringing labels that were packaged in flashlight
 kits.
     Energizer, headquartered in St. Louis, Missouri, is the world's largest
 manufacturer of primary batteries and flashlights and a global leader in the
 dynamic business of providing portable power.
 
 SOURCE  Energizer Holdings, Inc.