News October 23, 2023
Travelers Indemnity Co. & Distributor Settle Trademark Infringement Lawsuit
The insurer had accused the promo firm of using its name and logo in email prospecting solicitations even after signing a contract to stop doing so.
Travelers and a promotional products distributor have entered into a settlement that arose from a lawsuit alleging trademark infringement that the insurer had brought against the industry firm.
On Oct. 20, attorneys for The Travelers Indemnity Company and Dynamic Online Marketing Corporation (DOMC, asi/184713) entered a filing in federal court that stated the parties “have agreed upon and fully executed a final, confidential written agreement that resolves all claims.”
While details of the confidential deal weren’t available, the Oct. 20 court filing notes that it contains a final consent judgement and a permanent injunction related to the allegations brought forward in the case. An injunction is a court order that requires a person or entity to cease performing a specific action.
Filed in the U.S. District Court for the District of Connecticut, Travelers’ suit accused Dynamic Online Marketing, which lists offices in Buffalo, NY, and Concord, ON, of using the insurer’s name and logo in marketing solicitations sent to some of the company’s insurance agents.
The suit asserted that DOMC continued using the logo in multiple rounds of email prospecting even after allegedly agreeing it would stop doing so in a contract, the lawsuit stated.
Sent to agents in the insurer’s network in 2018, 2019 and then again in 2023, the solicitations included the Travelers name and logo on products such as pens, corkscrews and a golf divot repair tool with a personalized magnetic ball marker, the lawsuit maintained.
Dynamic’s unauthorized use of the Travelers marks created “the false impression that defendant is a part of Travelers (or) an approved vendor or partner of Travelers,” the suit said in part.
Beyond trademark infringement, Travelers alleged trademark dilution, trademark counterfeiting and breach of contract in its court action.
ASI Media contacted Dynamic for comment but had not heard back as of this writing.
Travelers sells its own line of branded merchandise, including in an online store. Drinkware, apparel, umbrellas, golf goods and technology items are on offer.
Forbes lists Travelers as being the largest business insurance company with 8.09% market share.