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26 January 2017Trademarks

Allstate Insurance in trademark clash with locksmith

Insurance company Allstate Insurance has filed a trademark infringement claim against Locksmith 911 Services, a California-based locksmith.

Allstate accused Locksmith and its owner, Rotem Sabag, of infringing Allstate’s trademarks, including the ‘cupped hands’ and slant ‘A’ design marks, to market services on two of its websites.

The lawsuit (pdf) was filed at the US District Court for the Northern District of California on Tuesday, January 24.

It claimed that the defendants’ bad-faith registration of the domains and wilful infringement of Allstate’s trademarks are “obvious attempts to capitalise on the brand reputation” of the insurance company.

Since its inception in 1931, Allstate has used a number of trademarks which encompass ‘Allstate’. The company is widely known through its famous “You’re In Good Hands With Allstate” slogan and its ‘cupped hands’ and slant ‘A’ design marks.

Allstate added that its website—allstate.com—is a trademark, registered with the US Patent and Trademark Office in 2006, and that the insurer has registered thousands of other domain names featuring the Allstate marks.

The infringing domains were allegedly registered in 2015 and, according to the claim, Sabag attempted to conceal their identity by using a domain privacy service.

“Defendants’ unauthorised use of the Allstate marks has enabled defendants to unlawfully trade on, and to receive the benefit of, the goodwill built up by Allstate over many years, and to gain acceptance for the services sold in connection with the websites,” claimed the suit.

The insurer is seeking a jury trial, injunctive relief, termination or transfer of the domains, a disgorgement of profits, triple damages and attorneys’ fees.

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