SAN DIEGO – A San Diego business alleges that a Rancho Santa Margarita company is using a mark similar to its own.
Insurance Co. of the West filed a complaint on Oct. 31 in the U.S. District Court for the Northern District of California against ICW Insurance Service Inc., Israel Conrado Wizenfeld and Does 1-10 alleging trademark infringement.
According to the complaint, the plaintiff alleges that Insurance Co. of the West has been using the ICW mark as early as Jan. 1, 1993, for its insurance services and on July 13, 2010, it was granted ownership and registration by the U.S. Patent and Trademark Office. The suit states that around March, the defendant started advertising and selling insurance services using marks that are confusingly similar to plaintiff's registered trademarks.
The plaintiff holds ICW Insurance Service Inc., Conrado Wizenfeld and Does 1-10 responsible because the defendants allegedly violated federal and common laws by offering similar services and using the same marks as plaintiff's distinctive marks with the intent of confusing consumers to capitalize and receive the benefit of its reputation and goodwill.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoin and restrain defendants from further infringement, remove and destroy all infringing marks, account profits and pay over benefit obtained, costs and fees incurred, attorneys’ fees, interest, and further relief as the court may deem just. It is represented by Kent M. Walker of Lewis Kohn & Walker LLP in San Diego.
U.S. District Court for the Northern District of California Case number 3:16-cv-02697