Insurance company sues charities for TM infringement
Insurance business The Travelers Indemnity Company has sued two charities for trademark dilution and infringement.
The company filed its lawsuit (pdf) against the Red Umbrella Fund and Stichting Mama Cash at the US District Court for the Southern District of New York on Friday, December 9.
In the suit, the insurance company argued that the charities diluted its marks under section 43(c) of the Lanham Act, infringed its marks, competed unfairly and that they falsely designated the origin of their goods.
Travelersalso said that the charities violated New York’s Deceptive Trade Secrets Practices Act.
According to the suit, the Travelers has been in business for “more than 150 years”and has used ‘Travelers Red Umbrella’as its logo and trademark since 1960.
Additionally, the suit said that the insurance company has used its mark in connection with charitable donations and contributed “more than $20 million in 2015 alone”.
Mama Cash is a charitable organisation which, according to its site, “supports about 100 courageous groups, organisations, networks and women’s funds that are led by women, girls and trans people”.
To do this, the charity raises funds from individuals, corporations and the government. This money is used to support women’s, girls’ and transgender rights worldwide.
Mama Cash formed the Red Umbrella Fund in 2012 as the “first”global fund guided for and by sex workers.
According to the suit, the defendants use their ‘RUF Red Umbrella’marks as a “primary corporate logo”and they are “prominently displayed”when the defendants promote, advertise and market Red Umbrella Fund’s services in the US.
The insurance company argued that the ‘Travelers Red Umbrella’and the ‘RUF Red Umbrella’marks are “virtually identical”in appearance and commercial impression, and that dilution and confusion is exacerbated by the allegedly infringing marks.
Travelers is asking for a permanent injunction against the defendants, compensatory damages, profits and attorneys’ fees.
Dale Cendali, partner at law firm Kirkland & Ellis, one of the lawyers who represented Travelers in the case, is a WIPR Leader for 2016. Her profile is available here.
