Exide Loses Bid To Reclaim Battery Mark From EnerSys

Law360, Wilmington (January 9, 2013, 10:20 PM EST) -- A Delaware bankruptcy judge on Tuesday tossed a complaint brought by Exide Technologies seeking to reclaim its battery trademark, finding it was merely an attempt to circumvent an appeals court decision awarding use of its mark to rival EnerSys Delaware Inc.

U.S. Bankruptcy Judge Kevin J. Carey granted EnerSys' motion to dismiss the suit, ruling that Exide's main claims — that Enersys’ rights under the original deal were claims discharged by confirmation of Exide's Chapter 11 plan and that the mark was an asset of the...
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