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Courtroom Orders Texas Adjuster to Stop Utilizing Lloyd’s Trademarked Names

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A Texas public adjuster dedicated willful infringement when he shaped a company and a restricted legal responsibility firm with the names “Sure Underwriters at Lloyds London, Inc.” and “Sure Underwriters of Lloyds London,” a U.S. district court docket dominated on Feb. 7.

The Southern District of Texas granted Lloyd’s everlasting injunction in its bid to cease adjuster Eric Ramirez from utilizing its federally trademarked names. Ramirez agreed to the movement.

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Ramirez was retained by varied policyholders in pursuing claims underneath insurance coverage insurance policies issued at Lloyd’s. After an appraisal umpire dominated in opposition to Ramirez’s place in a single current case, he filed lawsuits and administrative complaints accusing Lloyd’s of improper enterprise practices.

Ramirez accused Lloyd’s of not correctly registering to do enterprise in Texas, failing to pay taxes which he presumably claims are because of the State of Texas, and looking for damages within the type of compensation he would have acquired from the policyholder if it had acquired a bigger harm award on its declare.

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Lloyd’s, the world’s premier insurance coverage market, doesn’t promote or concern insurance coverage insurance policies in Texas.

Ramirez shaped companies with the state of Texas named “Sure Underwriters at Lloyds London, Inc.” and “Sure Underwriters of Lloyds London, LLC.” He registered these entities to do enterprise in California and New York. Ramirez additionally filed an software to federally register the trademark CERTAIN UNDERWRITERS AT LLOYDS LONDON. Ramirez swore the corporate he shaped in Texas was utilizing that mark in interstate commerce within the insurance coverage enterprise, although Ramirez, as a public adjuster, just isn’t concerned within the issuance of insurance coverage insurance policies.

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In a response to Lloyd’s movement for everlasting injunction, Ramirez informed the court docket he’s not doing enterprise by way of these entities. Ramirez claims he created the entities to “reserve” the names, “stop fraud, waste, abuse, and mismanagement” and with the intent of ultimately turning the entities over to the state or federal authorities.

The court docket discovered proof that Ramirez accepted service of course of meant for Lloyd’s, not for the businesses he has shaped. The proof establishes Ramirez’s improper intent and dangerous religion motives in forming these entities, the court docket mentioned.

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“Ramirez’s actions are additionally not solely more likely to trigger precise confusion however are inflicting precise confusion with Lloyd’s emblems,” wrote decide Andrew S. Hanen.

Ramirez moreover harmed Lloyd’s popularity and good will by making a collection of baseless and unsupported claims that Lloyd’s is working illegally, mentioned the court docket.

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Lloyd’s marks are well-known and are entitled to safety in opposition to dilution, the court docket discovered, ruling {that a} preliminary injunction is important to cease additional harm to the substantial hurt that has befallen Lloyd’s.

In granting Lloyd’s movement for everlasting injunction, the court docket ordered that Ramirez shall be restrained sustaining, proudly owning, working, or conducting any enterprise by way of an entity utilizing the phrases or phrases “Lloyd’s,” “Lloyd’s of London,” and “Sure Underwriters at Lloyd’s of London” or any confusingly comparable phrases or phrases.

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