Car battery firm sues maker of sexual enhancement spray over branding
April 16th, 2011 - 7:03 pm ICT by ANIWashington, Apr 16 (ANI): A car battery firm has filed a lawsuit against the makers of ‘Die Hard’, a male sexual enhancement spray, claiming that the branding is too similar.
Sears Roebuck and Co., along with subsidiary KCD, said in the lawsuit that RockHard Laboratories’ Die Hard product is “calculated to deceive the consuming public into believing that defendants’ products have a relationship with plaintiffs and plaintiffs’ goods and services”.
In the lawsuit filed in the U.S. District Court of Chicago, Sears said it doesn’t want consumers thinking its DieHard car battery has anything to do with the male numbing agent of the same name.
RockHard has been producing its “numbing agent for male genitalia” under the Die Hard label since at least 2010, the lawsuit alleges.
“The defendants’ conduct is likely to cause confusion, mistake, and deception of the purchasing public insofar as purchasers would incorrectly be led to believe that defendants are affiliated with, related to, sponsored by or connected with plaintiffs,” AOL News quoted the suit as stating.
The DieHard brand, owned by KCD and distributed by Sears, also includes various auto parts, hats and boots, according to the lawsuit.
Rockhard is accused of eight federal crimes, including trademark infringement, unfair competition and deceptive trade practices. (ANI)
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Tags: auto parts, boots, confusion, consumers, deceptive trade practices, die hard, diehard car battery, enhancement spray, federal crimes, hats, kcd, male genitalia, male sexual enhancement, mistake, plaintiffs, roebuck and co, sears roebuck and co, subsidiary, trademark infringement, unfair competition