AIG Sues Captive for Counterfeiting in Florida Court

According to a report from Insurance Insider US, AIG is suing a captive insurer and its owner for alleged counterfeiting in a court in Florida. As part of the counterfeit claim, AIG is alleging that the competing business violated both trademark law and copyright law. Here, our Florida counterfeit protection attorneys provide a more comprehensive overview of the intellectual property law case.

Allegations: AIG Claims that it was a Victim of Counterfeit 

AIG filed suit in a Florida federal district court. The company is accusing a captive insurer and its owner of issuing counterfeit insurance policies and certificates of insurance while representing that AIG was backing the coverage. A captive insurance company is a type of insurer that is wholly owned and controlled by its insureds. The complaint contends that the defendant engaged in conduct that infringed on both AIG’s trademark rights and copyright rights. AIG also asserts violations of unfair business practices statutes. It is seeking injunctive relief, disgorgement of profits, and monetary damages.

What AIG Needs to Prove to Prevail in the Legal Claim

To prevail in the counterfeiting claim, AIG must prove that it owns valid trademark and copyright rights in the relevant marks and forms, that the defendant’s use was unauthorized, and that the conduct is likely to cause consumer confusion in the marketplace. For copyright, AIG must show copying and unauthorized derivative use. Because AIG has characterized the defendant’s conduct as counterfeiting, the standard for the remedies that it is seeking is higher. Courts may impose enhanced statutory damages, treble damages, and attorney’s fees where counterfeiting is found to be intentional.

Counterfeiting Claims Can Be Complicated

Counterfeiting claims are among the most serious allegations in intellectual property law, but they are rarely simple. To prevail, a rights holder must prove that the defendant intentionally created and distributed goods or documents that are substantially indistinguishable from the genuine article. These cases often involve overlapping areas of law, including trademark, copyright, and unfair competition.

The stakes are high: counterfeiting can trigger enhanced statutory damages, treble damages, and the award of attorney’s fees. For businesses, the reputational risks are as serious as the financial ones. Strong evidence, clear documentation, and careful litigation strategy are essential to navigating the complexity of these disputes. A top-tier Florida counterfeit lawyer has the knowledge, skills, and experience to help you get the best results.

Contact Our Florida Attorney for Counterfeiting Claims Today

At Perkins Law — Brand Protection, our Florida counterfeiting attorney has the knowledge and skills that you can rely on. If you have any questions or concerns about a counterfeiting claim, please do not hesitate to contact us today for your completely confidential initial consultation. We handle counterfeiting lawsuits throughout South Florida, including in Miami, Miami Beach, Coral Gables, Boca Raton, West Palm Beach, Palm Beach Gardens, Jupiter, and Fort Lauderdale.

Source:

insuranceinsiderus.com/article/2febm64jxqcwnpwi4gfsw/all-topics/legal/aig-sues-captive-over-fraudulent-fronting-agreement-counterfeit-cois?zephr_sso_ott=WSQhim