Travelers Indemnity hires Day Pitney, Kelly IP to sue over famed umbrella logo
The complaint alleges that the defendant’s actions with respect to the unauthorized use of the Travelers Marks have damaged and irreparably injured Travelers and its associated entities.
Day Pitney and Kelly IP filed a trademark infringement lawsuit on behalf of The Travelers Indemnity Co. in U.S. District Court in Connecticut against Dynamic Online Marketing Corp. Inc., and accused the defendant of using the plaintiff’s umbrella logo to market Traveler’s merchandise without authorization.
Spotted on Law.com Radar: The defendant, a New York-based corporation, is a “full-service promotional products company with an impressive selection of custom printed, personalized giveaways that meet the needs of many sectors,” according to its website.
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The defendant allegedly sent a promotional email offering Travelers-branded corkscrews for sale, and the plaintiff sent a letter asking the defendant to stop unauthorized use of Travelers marks, the complaint said.
The defendant did not answer until outside counsel became involved, and agreed to not use Travelers marks in the future, the complaint claimed. However, a Travelers agent allegedly received another promotional email from the defendant offering Travelers-branded pens for sale, the complaint said.
On Dec. 7, 2019, the parties entered into a contract regarding the unauthorized use of the marks, the complaint said.
The defendant agreed to “permanently cease all use of the Travelers Marks, including, but not limited to, selling, offering to sell, promoting, and advertising the Infringing Products and any other products and materials bearing any of the Travelers Marks,” the contract said. ”[Defendant] will also destroy all materials bearing one or more of the Travelers Marks that are used to apply the Travelers Marks to the Infringing Products including, but not limited to, screens, decals, and molds.”
In addition, the contract stated that the defendant is required to pay Travelers $5,000 in liquidated damages per breach, and Travelers’ costs of attorney fees, the complaint said.
On Feb. 15, another promotional email was sent with the same Travelers-branded pens in the prior email, the complaint said. On March 8, the defendant sent another promotional email, this time with Travelers-branded golf ball markers, the complaint said.
The plaintiff alleged that the defendant violated Section 32(1), 43(a)(1)(A) and 43(c) of the Lanham Act. The plaintiff also claimed the defendant violated the Connecticut Unfair Trade Practices Act and breach of contract, the complaint said.
“Defendant’s actions … with respect to the unauthorized use of the Travelers Marks have damaged and irreparably injured and, if permitted to continue, will further damage and irreparably injure Travelers, the Travelers Marks, and Travelers’ reputation and goodwill associated with the Travelers Marks,” the complaint said. “Defendant’s actions also damage the public’s interest in being free from confusion as to the source, sponsorship, and/or affiliation of Defendant’s services.”
Counsel for the plaintiff, Elizabeth A. Alquist and Caitlin M. Barrett of Day Pitney, and David M. Kelly and Jason M. Joyal of Kelly IP did not respond to a request for comment.
Counsel for the defense has not appeared, and a spokesperson for Dynamic did not respond to a request for comment.
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