Retail Supplier Sends Letter To New Supplier Entrant, Alleging Infringement Due To Name

November 10, 2021

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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U.S.-based retail energy supplier Kiwi Energy has sent a letter to KiWi New Energy, a Taiwan-based energy marketer which has stated an intent to enter the Texas retail electric market, in which Kiwi Energy stated that the purpose of the letter was, "to place you [KiWi New Energy] on notice regarding your company's use of such name is an infringement on Kiwi Energy."

As exclusively first reported by EnergyChoiceMatters.com, KiWi New Energy originally applied for an Option 1 Texas retail electric provider certificate

KiWi New Energy currently operates as a reseller of electricity in Taiwan, with an AI-based exchange platform that directly connects users with renewable energy generators to enable customers to receive 100% green energy from local solar plants or wind plants

See more background on KiWi New Energy here

Although KiWi New Energy withdrew without prejudice its Texas REP application in late October, in doing so it stated an intent to re-file in the near future, stating, "When we have all the required information to complete the application, we will file again next year."

In its letter to KiWi New Energy, dated November 2, Kiwi Energy stated, "KiWi New Energy is using the name without authorization from Kiwi Energy. Kiwi Energy has several state and federal trademarks (see attached). Please be advised that Kiwi Energy is a registered federal trademark (U.S. Reg. Nos. 4775837, 4735268, and 4544000). Kiwi Energy grants no right or consent whatsoever with regard to the materials attached, not [sic] does it waive any rights, privileges, or claims in connection with the attached materials."

In its letter to KiWi New Energy, Kiwi Energy stated, "Kiwi Energy is concerned that your Company has copied and/or misappropriated its name from Kiwi Energy. Demand is hereby made that your company immediately upon receipt of this letter, cease all use of its name, as it is deceptively similar. If you do not cease using the name KiWi New Energy, Kiwi Energy will not hesitate to commence litigation to obtain injunctive relief and monetary damages."

In its letter to KiWi New Energy, Kiwi Energy stated, "We do wish you well in your future endeavors; however, we insist that you do so in a manner compatible with law. This letter is without prejudice to any claim for damages, equitable relief, or other relief in the event litigation ensues. We reserve any and all rights under all applicable laws, regulations, rules, tariffs, and protocols, or otherwise (collectively, the 'Law'), and neither this letter, nor any positions taken by us in the past, shall be construed as a waiver thereof. We reserve all rights to pursue any contractual, legal, and equitable remedies to which we are entitled under Law (or otherwise)."

In its letter to KiWi New Energy, Kiwi Energy stated "Kiwi Energy is a retail electric and natural gas supplier in New York and Ohio, with plans to expand to other markets, which potentially may include Texas. Kiwi Energy has been in the business of retail energy since 2012."

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