Texas Retail Provider Issues Cease And Desist Letter To Start-up REP Over Start-up's Allegedly Misleading Name
May 8, 2019 Email This Story Copyright 2010-19 EnergyChoiceMatters.com
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Infinite Electric, LLC and its affiliate Infinite Energy, Inc. (together, Infinite Energy) sent a cease and desist letter to Infinite Watts, LLC demanding that Infinite Watts, LLC, a start-up seeking a Texas retail electric provider certificate, cease and desist from further promotion and sale of energy resources bearing the "Infinite Watts" mark
Infinite Energy also filed a motion at the PUCT opposing the application of Infinite Watts for a REP certificate.
In such motion, Infinite Electric alleged, "On April 17, 2019, Infinite Watts, LLC ('Infinite Watts'), an entity unaffiliated with
Infinite Energy, filed an Application for a REP Certificate bearing the Infinite Watts" mark in
the above-referenced docket (the 'Application'). Infinite Energy asserts that Infinite Watts'
attempt to do business as an REP under a virtually identical tradename will materially impact
Infinite Energy and cause confusion amongst customers who have come to recognize and respect
the Infinite Energy brand name."
In such motion, Infinite Electric alleged, "Infinite Watts' Application uses a duplicative and misleading business name contrary to
§25.107(e)(1)(B), considering Infinite Energy is already a registered REP certificate holder."
Electric Substantive Rule §25.107(e)(1)(B) states that REP business names shall not be, "deceptive, misleading, vague ... or duplicative of a name previously approved for use by a REP certificate holder."
Commission Staff (Staff) of the Public Utility Commission of Texas said in a May 7 recommendation on the sufficiency of Infinite Watts' filing that, "Staff verified that the company is registered with the Office of the
Secretary of State in File No. 803289805. Staff also verified that the company name does not
duplicate any existing REP names and is not otherwise deceptive, misleading, vague, otherwise
contrary to §25.272."
Staff recommended Infinite Watts' application be deemed deficient due to, among other reasons, lack of supporting documentation concerning compliance with the electric/natural gas market experience requirements and lack of documentation to meet certain financial requirements