NextEra Energy, Inc. Sends Cease and Desist Letter to Retail Supplier

NextEra Energy, Inc. has sent a cease and desist letter to retail supplier NextEnergy Services LLC, alleging that the latter's name violates NextEra Energy's trademarks.

As first reported by Matters, NextEnergy Services LLC is a new retail supplier applying for an ESCO license at the New York PSC and seeking FERC market-based rate authorization.

In comments on NextEnergy Services's FERC application, NextEra Energy stated that, "On June 26, 2013, NextEra Energy sent a cease and desist letter to NextEnergy directing it to immediately cease and desist from using the name NextEnergy in connection with its business activities to engage in retail sales of electric energy or wholesale sales of electric energy and capacity. NextEra Energy stated that any failure by NextEnergy to cease and desist immediately may result in NextEra Energy initiating legal proceedings to enforce its rights."

"[T]o reduce its potential legal liabilities NextEnergy would be best served by amending its name at the earliest opportunity to end any possible violation of NextEra Energy's trademarks," NextEra Energy told FERC. "Should NextEnergy not amend its name before any order is issued by the Commission, the Commission should consider conditioning any issuance of market-based rate authority to NextEnergy on it having to change its name if and when it relents in the trademark dispute with NextEra Energy, or is forced by a court to cease this apparent trademark infringement."