EEVblog #751 - How To Debunk A Product (The Batteriser)

[Godzil]

I would recommend them the name of SuperBatt, as it is already somewhat red, they will only need to add some blue PCB with gold contact (yellow), and for the Logo a simple S(b) in a diamond liked shape should be perfect!

[samgab]

Well as of yesterday (27 June) the Batteriser+Batterise trademark application/opposition was laid to rest:

By the Trademark Trial and Appeal Board:
On May 20, 2016, Applicant filed an abandonment of its applications Serial Nos. 86571275 and 86571464. On May 23, 2016, Opposer filed a motion seeking judgment under Trademark Rule 2.135.
Trademark Rule 2.135 provides that if, in an inter partes proceeding, the applicant files an abandonment without the written consent of every adverse party to the proceeding, judgment shall be entered against the applicant.
In view thereof, and because Opposer's written consent to the abandonment is not of record, Opposer’s motion is GRANTED. Judgment is hereby entered against Applicant, the opposition is sustained and registration to Applicant is refused.1

Boo! Mean old Big Battery bullying a poor little start up that was just trying to save the planet, (80% of) one alkaline cell at a time. 

[FrankBuss]

I don't understand the legalese, but sounds like a formal defect because of a noob lawyer?

[Jay_Diddy_B]

Hgizeri,

My understanding of the Trademark dispute is:

If the Batteriser trademark application was abandoned there would be no ruling in the case.

If there is a ruling in favour of Energizer, this is better for Energizer in future disputes, because they can argue that Batteriser was denied. This may help Energizer in similar disputes.

So this is why Energizer did not want to allow Batteroo to abandon their application.

Regards,

Jay_Diddy_B

[rich]

There was a ruling in the opposition case. It went against Batteroo and Trademarks were officially denied.

I'm sure it's a tactic that is well rehearsed at Energizer:- convince the applicant they should just give up for the sake of their time/money, but never formally agree in writing to the abandonment. That ensures the application goes away and there is a record of the opposition being upheld.

From: https://www.law.cornell.edu/cfr/text/37/2.135

After the commencement of an opposition, concurrent use, or interference proceeding, if the applicant files a written abandonment of the application or of the mark without the written consent of every adverse party to the proceeding, judgment shall be entered against the applicant.

[Cerebus]

So this means that they can use the name batteriser? My legal English isn't that good...

No, the opposite - Energizer's formal opposition to the trademark registration has been upheld (i.e. Energizer win). It means that Batteriser cannot be registered as a trademark. It's not a formal block to the use of the name, just its registration, but using a name that had been effectively blocked from registration would be a risky and very strange thing to do.

[kalleboo]

Backer wrote they sent the following out in an email: "We will be announcing the new product name, unveiling our new logo and supplying further details in the coming weeks."  -  May 7

As someone with no skin in the game I was kind of fine with giving them the benefit of the doubt about at least *attempting* to ship while delaying to find a retail partner to make this actually worthwhile, and then after giving up on that simply being clueless about design for manufacturing. But several weeks just to announce a product name/logo? When their current logo is clearly just off of Fiverr? Yeah, there's no way in hell they have any intention of shipping anything now.

[alsetalokin4017]

Here, they can have this one for free:

Batterloozer.



 

[g.lewarne]

Or my suggestion:

Batterollocks

[meeder]

Thanks for the clarification. I read the legal text again and now it's clear to me.

[Halcyon]

"The battery sleeve formerly known as..."

[rich]

"The battery sleeve formerly known as..."

...with backing by The New Power Generation.

[Cerebus]

Oh, oh, I've got it. They can revive another power company name ... The Enronizer! 

[Brumby]

Oh, oh, I've got it. They can revive another power company name ... The Enronizer! 

Energiser would likely shoot that one down as well.

[ez24]

I think the most suitable name would be  "Gonerizer"

Don't think it is trademarked

[Brumby]

Sounds like a STD.

[ez24]

Sounds like a STD.

Oh dear - I meant it as in "gone"

[Smokey]

Sounds like a STD.

Watch out for the capacitor discharge!

[ez24]

Sounds like a STD.

Watch out for the capacitor discharge!

You guys have a dirty mind -
Dave  - no more on this from me

[mikerj]

Here, they can have this one for free:

Batterloozer.



 

Batterbuyanewcell

[Halcyon]

The least Batteroo / Roohparvar could do is release a cocktail recipe book to all the backers of all the beverages they've spent the Indiegogo money on.

I'll start...

Code: [Select]

BATTERISER 800% (Vodka, Mint & Lime)

55 grams (1/4 cup, firmly packed) brown sugar
24 fresh mint leaves
3 limes (quartered)
180ml vodka
Soda water (chilled)
Ice cubes

Divide sugar, mint and lime among six serving glasses. Use the end of a rolling pin to gently pound until lime is crushed.
Add vodka. Top with soda water and ice.

 

[Macbeth]

That will actually come out delicious. It's not too far off how I make Mojitos. (Not too keen on White Rum, prefer neutral spirits like Vodka).

[Brumby]

Drinks aside - there's still that bad taste in the mouth waiting for the-product-formerly-known-as Batt*****r...

... to be named
... to be photographed
... to be shipped

[Fungus]

waiting for the-product-formerly-known-as Batt*****r...

... to be named
... to be photographed
... to be shipped

Why on earth would they want to do any of that? The game would be over.

[SeanB]

Would eat into the profits as well, what with all the costs of actually producing something other than vapourware.