Battery on the Go, a Miami-based company that sells the PowerBar® portable battery charger, filed a lawsuit against Walt Disney Co. Tuesday in federal court seeking $50 million in damages. Battery on the Go claims Disney is illegally using its product name on what it says are inferior battery chargers Disney sells in its stores, theme parks and online.
The eight-count lawsuit filed by Battery on the Go, in United States District Court for the Southern District of Florida, claims The Walt Disney Company is committing trademark infringement, trademark dilution, unfair competition, and deceptive and unfair trade practices under federal law and Florida statutes, resulting in damaging the PowerBar brand and cannibalizing sales. The defendant has repeatedly used the names “Disney Power Bar” and “Disney Battery Power Bar – Mickey Mouse” domestically and internationally to market and sell its battery charger and ignored its cease and desist letter, said Battery on the Go, which seeks monetary damages and an immediate injunction.
“Apparently Mickey’s team thinks that just because they’re a huge multinational corporation that we’re going to let them get away with this,” said Robert Zarco, founding partner of Zarco, Einhorn, Salkowski & Brito, P.A., in a news release. The Miami franchise and trademark law firm is representing Battery on the Go.
Since 2012, Battery on the Go has sold powered devices and chargers under its PowerBar, PowerJam, PowerMax and PowerBank brands. PowerBar is carried in more than 2,700 stores nationwide, including RadioShack, Techshowcase and InMotion stores in international airports nationwide, TigerDirect, Verizon stores, 7-Eleven, Dick’s Sporting Goods, and Independent College Bookstore Association locations, the company said.