Jenie Mallari-Torres Feb. 22, 2017, 4:34pm

ST. LOUIS — A manufacturer has filed a class-action lawsuit against Spectrum Brands Holdings Inc., citing alleged trademark infringement.

Energizer Brands LLC filed a complaint in the U.S. District Court for the Eastern District of Missouri against Spectrum Brands Holdings Inc. alleging that the Delaware company obtained profit through the use of infringing trademarks.

According to the complaint, the plaintiff alleges that it suffered irreparable damage and unquantifiable injury and harm to its business, reputation and customer goodwill as a results of the defendant's unauthorized imitation of the plaintiff’s Beam trademarks and trade dress, which is confusingly similar to the well-known trade dress and packaging of the plaintiff's products. The plaintiff holds Spectrum Brands Holdings responsible because it allegedly tarnished the reputation and impaired the distinctiveness of the plaintiff's products and marketed and sold batteries or other household products in infringing packaging.

The plaintiff seeks judgment against the defendant; enjoinder from further infringement; and requests that the defendant recall and destroy all packaging and materials bearing the infringing trade dress; undertake corrective advertising; account for and pay over all profits from infringement; actual, statutory and punitive damages; interest; costs of action; attorneys’ fees; expenses and further relief as the court may deem just. The plaintiff is represented by Daniel M. O’Keefe and Herbert R. Giorgio of Bryan Cave LLP in St. Louis and Brendan O’Rourke, Stephen M. Ahron, Q. Jennifer Yang and Tiffany M. Woo of Proskauer Rose LLP in New York.

U.S. District Court for the Eastern District of Missouri Case number 16-cv-02022

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U.S. District Court for the Eastern District of Missouri
111 S 10th St
St. Louis, MO 63102

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