Rayovac won against The Gillette Company and Procter & Gamble legal claims that argued misleading advertising and infringement of the industrial property law.

July 2010

Bahamondez, Alvarez & Zegers Ltda. defended Rayovac and Spectrum Brands against legal claims of misleading advertising and infringement of the industrial property law filed by The Gillette Company and Procter & Gamble.

Both actions were in connection with Rayovac´s advertisement campaign, based on its claim “Lasts as long as Duracell”, referred to its battery properties.

The plaintiffs also filed criminal suits for infringement of the industrial property law. That case was closed by the Public Prosecutor request of final dismissal, later on accepted and settled by the Court last July 26. By the dismissal, courts validated the thesis that comparative advertising is fully applicable even using third party´s trademarks if that use has the appropriate technical support and is made in respectful and non denigrating manner.

Plaintiffs also brought civil actions before the Consejo de Auto Regulación y Ética Publicitaria (Conar) claiming infringement of the Chilean Advertisement Ethics Code, petition that was again rejected at first instance and on its review and appeal.

Rayovac is one of the leaders in batteries, electrical products for personal care, among others, with brands like Rayovac, Varta and Remington.

Bahamondez, Alvarez & Zegers Ltda. team was lead by its partner Matias Zegers, counsel Carlos Stevenson and its associates Juan Turner and Isidora Fernández.