Energizer sues Procter & Gamble over use of bunny

Energizer Brands LLC has filed suit against Procter & Gamble Co. claiming breach of contract and trademark infringement for the use of a pink bunny on its packaging.

The suit also lists defendants Gillette Co. and Duracell U.S. Operations Inc.

In the suit, Energizer alleges Duracell is infringing on the iconic Energizer Bunny trademark with the use of a pink toy bunny on its packaging.

In 1992, Energizer and Duracell entered into an agreement that limited Duracell's use of the Duracell Bunny in the U.S., according to the suit.

"Duracell knowingly, willfully, intentionally and maliciously made and continues to make prominent use of the Duracell Bunny on packaging in the United States .... to exploit the commercial magnetism of the Energizer Bunny Trademark and falsely suggest Duracell's products are made, sponsored or endorsed by Energizer," the suit states.

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