Local Insurance Agent Files Injunction Against 21st Century Insurance Group; Local Black Businessman Feels Disrespected by Insurance Giant.

News Editors/Business Editors

LOS ANGELES--(BUSINESS WIRE)--June 17, 2003

Alfred Bunmi George, owner of Los Angeles-based 21st Century Insurance and Financial Services for the past 13 years, filed a counter-claim in Los Angeles on Monday, June 16, 2003, against 21st Century Insurance Group (formerly known as 20th Century Insurance) over the use of the name "21st Century Insurance" in Los Angeles County. Mr. George is also seeking a permanent injunction against the Insurance Group from using the name "21st Century Insurance" in Los Angeles County.

According to the counter-claim, in January 2003, 21st Century Insurance Group filed a complaint against George, which was preceded by a letter from the group's counsel, Gibson, Dunn & Crutcher, that stated George purposely chose his company name to copy and take advantage of the new "21st Century Insurance" name. They alleged the Insurance Group owned the name "21st Century Insurance" and that George could not use the name "21st Century Insurance and Financial Services" ever again, explicitly stating that George needs to change the name of his company immediately. They did so, even though a large number of public documents clearly indicate that 20th Century did not change their name until late 1999, to reflect the turn of the century.

20th Century Insurance changed its name to 21st Century Insurance between 1999 and 2000 and held a multi-million dollar advertising campaign claiming its "new name" as a change for the new millennium. George has been conducting business in Los Angeles under "21st Century Insurance and Financial Services" since 1990. The United States, unlike many Civil Law nations in Europe and elsewhere, "has a rule of priority that is based on first-to-use, not first-to-register" (2 McCarthy on Trademarks, Section 16:18, at 16-33). Thus, in Los Angeles County, George is the senior user of the name "21st Century Insurance and Financial Services" while "21st Century Insurance" is the junior user. Since George began using the name in 1990, he is considered at law to have superior and exclusive rights to use it in Los Angeles County. In his counter-claim against the Insurance Group, George is seeking a permanent injunction stopping them from using the name "21st Century Insurance" in Los Angeles County. Because of specific statutory provisions in the federal Lanham Act, and specific case holdings interpreting them in similar contexts, the Court may award statutory damages of more than $30,000,000.

Given Mr. George's continuing use of his "dba" of 21st Century Insurance and Financial Services for the last 13 years, he was shocked when the Insurance Group sued him. "I felt very disrespected by the letter and the complaint," said Alfred George, owner of 21st Century Insurance and Financial Services. "I'm a hard-working black businessman who has been serving South Los Angeles for the past 13 years in the same location. Now since 20th Century decided to change their name, they want me to change the name of my business. I didn't ask for this trouble. If they take my name they are robbing me of my dignity, reputation and hard work. I might as well close my doors."

Following receipt of the letter and the complaint, George has retained the services of the Law Offices of Jonathan Stein. Mr. Stein is a graduate of Harvard College and University of Pennsylvania Law School. After practicing with international law firms in New York City and in downtown Los Angeles in the 1980s, Mr. Stein opened his own offices in Santa Monica. In the past 11 years of business litigation in state and federal courts, Mr. Stein has a record of 32 wins and 2 losses.

A native of Nigeria, George paid his way through college by selling insurance, and earned a Bachelor's Degree in Communications from the University of Miami and a Master's Degree in Media Studies from New School University in New York. He began selling insurance in Los Angeles in 1983 for United Insurance Company of America, where he won several achievement awards and was promoted to a sales management position. In 1990, George started his own insurance company, doing business under the "dba" "21st Century Insurance and Financial Services." His storefront insurance agency has been located in South Los Angeles for the last 13 years.

Mr. Stein has associated as his co-counsel Mansfield Collins of Collins, Mesereau, Reddock & Yu, LLP, a law firm in the mid-Wilshire area of Los Angeles. Mr. Collins is a board member of the Los Angeles chapter of the Southern Christian Leadership Conference, Martin Luther King's organization. His partner, Tom Mesereau, is currently representing actor Robert Blake. Another partner, Angela Reddock, is representing the family of Kristin High for the alleged sorority hazing case.

"Today we have submitted the counterclaim stating our own request for a determination that the `21st Century Insurance and Financial Services' name belongs to Mr. George based upon traditional concepts of trademark ownership and his long-standing use. Towards that end, we have also requested a permanent injunction against the confusingly similar name `21st Century Insurance' by the junior user," said Attorney Jonathan Stein.

"The pending action reveals vestiges of the historical attitudes of prejudices encountered by hard-working African Americans. The 20th Century Insurance Group's conduct in suing an African-American businessman because they want to take his hard-earned and well-deserved business name, is typical of the many problems the African-American community has with insurance companies," said Co-counsel, Mansfield Collins, of Collins, Mesereau, Reddock & Yu, LLP. "Other industries have shown willingness to substantially change the historical manner in which they often times discriminated against African-Americans. 20th wants to change its name by taking one owned by an African-American. 20th wants to change its name but not the manner in which it conducts business with the African-American community. In 2003 this is still an ongoing problem and this case will shed light on unfair redlining business practices that are racially motivated and hidden by economic profiling."