Insurer Nationwide Mutual claims consumer confusion in trademark suit against lender

Nationwide Mutual Insurance Co. is suing mortgage lender Nationwide Mortgage Bankers (NMB) for allegedly profiting on the “goodwill and sterling reputation” associated with its name and trademarks.

The lawsuit, filed May 20 in an Ohio federal court, brings accusations of federal “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.”

Alleged history of conflict

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.

In one example cited in the complaint, a consumer wrote to Nationwide Insurance to report a “fake imposter.” The consumer claimed an NMB representative answered the phone with caller ID that read “NATIONWIDE” and asked for the consumer’s Nationwide Insurance mentioned it attempted to solve the dispute by reaching out to the lender, which said it would change its mark to NMBNow.

“Defendant’s representation led Nationwide to believe that Defendant would change its