An Eleventh Circuit panel grilled lawyers for two battery makers butting heads in a trademark dispute over the purchase of Amazon.com keyword search terms and ads about whether a battery charging product’s marks are generic or protected.
Gregory A. Castanias of Jones Day, representing appellant NOCO Co., argued a Florida district court jury had erred in finding the company owed Deltona Transformer Corp. nearly $20 million overall because the search keyword term “battery tender” it purchased wasn’t a protectable trademark and hadn’t caused actual confusion.
“Battery Tender,” the trademarked term at issue at the US Court of Appeals for the ...
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