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Texas REP Says It Wouldn't Sue Over Use of Term "Energy Rewards", But Reserves Rights If "Brand" Infringed

July 28, 2015

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Copyright 2010-15 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

TriEagle Energy LP filed a supplemental assurance with the Public Utility Commission of Texas concerning its application to use the trade name Energy Rewards, stating that it would not file suit against other REPs using the term energy rewards generically, but that it reserves its right to pursue remedies against anything which infringes on its "brand."

Energy Rewards is the brand for retail energy offerings from Comcast supplied by TriEagle's parent, Crius Energy

In response to a PUCT Staff concern, TriEagle Energy originally said that it would not take any actions against utilities which may use the term energy rewards for conservation or similar programs.

TXU Energy, in response, filed comments concerned with the narrow phrasing of TriEagle's assurance, worried that the response left open the possibility of legal actions against REPs which use the term energy rewards

In a supplemental filing, TriEagle said, "TriEagle Energy did not intend that its assurances should be read so narrowly and isn't contemplating such actions but understands TXU Energy's concerns."

TriEagle specifically offered the following new assurance:

"TriEagle Energy LP d/b/a Energy Rewards agrees that the phrase 'energy rewards' is generic and not a proprietary phrase of TriEagle Energy LP. TriEagle Energy LP represents that it would take no legal action against utilities or retail electricity providers that use or include the term 'energy rewards' for any customer reward product, program or electricity plan names used in such utility or retail electricity business; provided, however, TriEagle Energy LP reserves its right to pursue all legal remedies for any other claims against utilities or energy companies whether or not they use such phrasing, such as for infringement upon TriEagle Energy's branding (i. e,. the entire package of the look, feel, phrasing, use of logo, colors, etc.)."

"TriEagle Energy believes that the clarification is acceptable to TXU Energy and addresses their concerns," TriEagle said

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