DELAND, FLORIDA – June 08, 2021 – Deltona Transformer Corporation.,dba Deltran the owner of the popular battery charger brands BATTERY TENDER® and DELTRAN BATTERY TENDER®, prevailed in a federal jury trial on claims brought against competitor Noco Co., an Ohio company, for trademark infringement. The jury issued two verdicts awarding Deltran actual damages, as well as significant punitive damages.
The testimony and evidence at trial showed that Noco ran deceptive ad campaigns on Amazon between 2015 and 2018 that used the BATTERY TENDER® trademarks to confuse consumers and attempt to create an affiliation with the BATTERY TENDER® brand and company. Deltran also proved that Noco had systematically used the trademarks in direct marketing and promotion of its products to customers.
At the conclusion of a seven-day trial in May, the jury unanimously rejected the central defense asserted by the defendant Noco, whose lawyers argued that Deltran’s BATTERY TENDER® trademarks were invalid and unworthy of legal protection because it was merely a “generic designation.”
In its first verdict, the jury awarded Deltran monetary damages and found that Noco had committed “intentional misconduct and gross negligence” in using the infringing trademarks. In a second verdict handed up just hours later, the jury awarded another layer of monetary punitive damages.
The founder of the brand, Michael L. Prelec Sr., stated, “Through the past three decades of hard work, the BATTERY TENDER® and DELTRAN BATTERY TENDER® names have become our corporate identity. Upholding the quality, value, integrity, and safety that our name stands for is of the utmost importance to us. Having a company attempt to steal our name and use it as its own is something we will not tolerate. For several decades, we have worked alongside various competitors within our industry and have done so with mutual respect for each other’s trademarks. We are thrilled that honesty and integrity prevailed and look forward to many more years of providing high-quality innovative products.”
The trial judge must still decide several important elements of the case. U.S. District Judge Carlos E. Mendoza scheduled a July 9 bench trial to decide the issue of disgorgement of profits.
The judge will also need to decide the forthcoming motions for an award of attorneys’ fees, trebling of the damages and injunctive relief. If Deltran is successful, the final judgment could grow by a substantial amount.
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About Deltran: Since the family started this company in 1965, Deltran has itself or through its exclusive licensee, Deltran Operations USA, Inc., designed, manufactured, and distributed technologically advanced products that meet the ever-changing needs of our worldwide customers. Our strategic initiatives have continued to focus on innovation and customer satisfaction. © 2021 Deltona Transformer Corporation, dba Deltran