Texas Retail Provider Issues Cease And Desist Letter To Start-up REP Over Start-up's Allegedly Misleading Name

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 Watts' application for a Texas REP certificate had been exclusively first reported by EnergyChoiceMatters.com

See background on Infinite Watts in our prior story here

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

Docket 49457