3rd Circ. Hands 'Exide' Mark To Rival EnerSys

Law360, New York (June 3, 2010, 2:07 PM EDT) -- A federal appeals court has given battery maker Exide Technologies a nasty jolt, reversing two lower courts and ruling that EnerSys Delaware Inc.’s contract for the use of the “Exide” trademark cannot be nullified by Exide's bankruptcy because EnerSys had completed the $135 million deal establishing its licensing rights.

The U.S. Court of Appeals for the Third Circuit on Tuesday found that the bankruptcy court and then the district court improperly treated EnerSys’ agreement to use the Exide trademark as an executory contract, allowing Exide, which...
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