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<\/div>\nA Texas public adjuster committed willful infringement when he formed a corporation and a limited liability company with the names \u201cCertain Underwriters at Lloyds London, Inc.\u201d and \u201cCertain Underwriters of Lloyds London,\u201d a U.S. district court ruled on Feb. 7.<\/p>\n
The Southern District of Texas granted Lloyd\u2019s permanent injunction in its bid to stop adjuster Eric Ramirez from using its federally trademarked names. Ramirez agreed to the motion.<\/p>\n
Ramirez was retained by various policyholders in pursuing claims under insurance policies issued at Lloyd\u2019s. After an appraisal umpire ruled against Ramirez\u2019s position in one recent case, he filed lawsuits and administrative complaints accusing Lloyd\u2019s of improper business practices.<\/p>\n
Ramirez accused Lloyd\u2019s of not properly registering to do business in Texas, failing to pay taxes which he presumably claims are due to the State of Texas, and seeking damages in the form of compensation he would have received from the policyholder if it had received a larger damage award on its claim.<\/p>\n
Lloyd\u2019s, the world\u2019s premier insurance marketplace, does not sell or issue insurance policies in Texas.<\/p>\n
Ramirez formed businesses with the state of Texas named \u201cCertain Underwriters at Lloyds London, Inc.\u201d and \u201cCertain Underwriters of Lloyds London, LLC.\u201d He registered those entities to do business in California and New York. Ramirez also filed an application to federally register the trademark CERTAIN UNDERWRITERS AT LLOYDS LONDON. Ramirez swore the company he formed in Texas was using that mark in interstate commerce in the insurance business, even though Ramirez, as a public adjuster, is not involved in the issuance of insurance policies.<\/p>\n
In a response to Lloyd\u2019s motion for permanent injunction, Ramirez told the court he is not doing business through those entities. Ramirez claims he created the entities to \u201creserve\u201d the names, \u201cprevent fraud, waste, abuse, and mismanagement\u201d and with the intent of eventually turning the entities over to the state or federal government.<\/p>\n
The court found evidence that Ramirez accepted service of process intended for Lloyd\u2019s, not for the companies he has formed. The evidence establishes Ramirez\u2019s improper intent and bad faith motives in forming these entities, the court said.<\/p>\n
\u201cRamirez\u2019s actions are also not only likely to cause actual confusion but are causing actual confusion with Lloyd\u2019s trademarks,\u201d wrote judge Andrew S. Hanen.<\/p>\n
Ramirez additionally harmed Lloyd\u2019s reputation and good will by making a series of baseless and unsupported claims that Lloyd\u2019s is operating illegally, said the court.<\/p>\n
Lloyd\u2019s marks are famous and are entitled to protection against dilution, the court found, ruling that a preliminary injunction is necessary to stop further injury to the substantial harm that has befallen Lloyd\u2019s.<\/p>\n
In granting Lloyd\u2019s motion for permanent injunction, the court ordered that Ramirez shall be restrained from maintaining, owning, operating, or conducting any business through an entity using the words or phrases \u201cLloyd\u2019s,\u201d \u201cLloyd\u2019s of London,\u201d and \u201cCertain Underwriters at Lloyd\u2019s of London\u201d or any confusingly similar words or phrases.<\/p>\n
Topics<\/span> Texas<\/a> Excess Surplus<\/a> Lloyd’s<\/a> <\/p>\n<\/p><\/div>\n Was this article valuable?<\/p>\n<\/p><\/div>\n