ST. LOUIS – What's in a name? For defendant American International Group (AIG), six years could be the difference in having to face allegations that it infringed on the trademark of A.I.G. Agency, an auto insurer based in Maryland Heights.
U.S. District Judge Henry Edward Autrey on March 30 denied AIG – the multi-billion dollar insurance company known for its involvement in the 2007-08 financial crisis – as it sought to get out of a lawsuit that A.I.G Agency filed over the right to use the "AIG Mark."
According to the ruling, A.I.G. first began using the AIG Mark in 1962, whereas AIG first began using the mark in 1968.
The battle between the two insurers began in 1995 with AIG striking first with its lawyer writing to A.I.G. stating its objections to the use of the AIG Mark. In response, A.I.G. said it welcomed AIG to "prove up" a date of first use before 1968.
"Although communication on this issue extended into 1996, Defendant AIG did not respond with any proof of first use before 1968," the ruling states.
More than 10 years later, new counsel for AIG, unaware of the prior communications, contacted A.I.G. with a cease and desist letter. Again, in response, A.I.G. informed the other side that it was the senior user of the mark.
In 2014, AIG initiated a claim with A.I.G.'s webhost GoDaddy that its use of the AIG Mark including its domain name – www.aigagency.com – infringed on American International Group.
A.I.G. then filed a counter-notice with GoDaddy, informing it that A.I.G. is the senior user, whereupon AIG closed its claim and apologized to A.I.G.
After the financial crisis, AIG renamed its insurance business to "distance the business" from the crisis and the fact that the federal government provided it with a $180 billion bailout.
In 2012, after the dust settled, AIG announced its intention to revert to using the AIG Mark as its brand for commercial property and casualty operations, and according to the ruling is now using the mark nationwide.
"Plaintiff alleges that the value of A.I.G and the AIG Mark have been damaged by defendant AIG's actions," the ruling states.
Autrey wrote that the factual disputes raised by the parties cannot be resolved at this stage of the litigation.
"Construing plaintiff’s allegations as true and in the light most favorable to plaintiff, the complaint sets out plausible claims," he wrote.