Nationwide Insurance sues lender over trademark infringement

Nationwide provides insurance and other financial services under the NATIONWIDE mark and has offered residential mortgage services under that mark since 1998. Nationwide states that since 2012 it has spent millions on advertising, marketing, and brand promotion. Nationwide Mortgage Bankers reported that it had not yet received legal paperwork and had not reviewed the claims. A company spokesperson said the mission is helping families achieve homeownership, expressed surprise at the lawsuit, and said operations and services would not be disrupted. The complaint alleges that the U.S. Patent and Trademark Office found a likelihood of confusion in 2012, leading to rejection and abandonment of a trademark application in 2013. The complaint also cites customer confusion instances, including a consumer reporting an imposter after a phone answer with NATIONWIDE caller ID.

"Nationwide said it began providing insurance products and services, as well as other financial services, under the NATIONWIDE mark in 1955. It has offered residential mortgage services under the mark since 1998, although it left retail banking in 2018. Since 2012, when its annual sales exceeded $30 billion and assets exceeded $160 billion, Nationwide claims it has spent many millions of dollars on advertising, marketing and promotion of its brand."

"Nationwide Mortgage Bankers said that as of Tuesday, it had not yet been served with the legal paperwork related to the matter and has not had an opportunity to fully review the claims asserted. For more than 15 years, helping families across America achieve the dream of homeownership has always and continues to be the mission of our 500 employees across the country, Tom Butler, a spokesperson for the company, said in a statement given to HousingWire."

"We were surprised by the filing of this lawsuit, particularly given that we have worked with Nationwide Mutual for several years now in an effort to avoid any potential confusion, and our company will continue to do so, responsibly and professionally. Butler added that there will be no disruption to our operations or the services we provide."

"The insurance company noted in the complaint that in 2012, the U.S. Patent and Trademark Office found that the lender's mark would create a likelihood of confusion with the NATIONWIDE marks. A final office action rejecting the lender's intent-to-use NATIONWIDE MORTGAGE BANKERS trademark application was upheld and the application was abandoned in January 2013, according to the suit. The lawsuit details several specific instances where customers were confused about which company they were interacting with."

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