PJM Threatens Legal Action Against Broker Over Use of Trademarked Term

PJM has protested, and threatened legal action, against brokers using the term PJM in their name.

PJM told the Pennsylvania PUC that it has recently come to its attention that several electric generation traders, suppliers and brokers have been registering corporate names that include "PJM" in the title, and then subsequently applying to multiple state regulatory agencies, such as the Pennsylvania PUC, for broker and/or supplier licenses.

"One such company that was brought to our attention is 'PJM Power Brokers, LLC (PJM Wholesale Brokers, LLC)'", PJM said.

"PJM owns several federal trademark registrations for the mark PJM in connection with various energy-related products and services, including U.S. Registration Nos. 2,171,190 (registered July 7, 1998) and 2,413,412 (registered December 19, 2000) among others. PJM does [not] authorize or consent to the use of the PJM trademark, or registration, or of its PJM trademark by any third-party commercial concern in its name," PJM said.

"By including the trademark PJM in their corporate name, the Infringing Parties have created likely confusion regarding the actual entity that is providing service. It would be understandable if a consumer incorrectly assumed that PJM is endorsing the Infringing Party, or involved in the provision of services offered - neither of these assumptions would be accurate. From your standpoint as a regulatory agency, this is a consumer protection issue - the state would not wish consumers making choices to purchase[] competitive public utility services under the erroneous belief that PJM is backing one such competitor," PJM told the PUC.

"As such, we would respectfully request the Pennsylvania PUC consider denying any license application from a broker or supplier that has included PJM in either its corporate or 'doing business' name. Please also be advised that PJM has contacted various Infringing Parties directly, including PJM Power Brokers, LLC/PJM Wholesale Brokers, LLC to remind them that the name has been trademarked and cannot be used in their venture. If the recipients of such notifications fail to cease using the name, PJM will consider legal action to protect the name and trademark," PJM said.