Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA789384
`12/14/2016
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`ESTTA Tracking number:
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`Filing date:
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91219616
`
`Defendant
`Bank, Daryl
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`MARK TERRY
`OFFICE OF MARK TERRY
`801 BRICKELL AVE , STE 900
`MIAMI, FL 33131-2979
`UNITED STATES
`mark@terryfirm.com
`Brief on Merits for Defendant
`
`Mark Terry
`
`mark@terryfirm.com
`
`/Mark Terry/
`
`12/14/2016
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`Exhibit A.pdf(679409 bytes )
`Exhibit B1toB3.pdf(4000371 bytes )
`Exhibit B4toB7.pdf(2563502 bytes )
`Exhibit C.pdf(1353108 bytes )
`Exhibit D.pdf(708912 bytes )
`Exhibit E.pdf(2897657 bytes )
`Applicants Main ACR Brief 91219616.pdf(265019 bytes )
`
`

`

`EXHIBIT A
`EXHIBIT A
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`PRUDENTIAL INSURANCE COMPANY
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`OF AMERICA
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`Plaintiff—Opposer,
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`VS-
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`DARYL BANK
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`Defendant-Applicant
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`Opposition No. 91219616
`Serial No. 86184144
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`AFFIDAVIT OF DARYL BANK
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`BE IT ACKNOWLEDGED, that Daryl Bank, the undersigned declarant, being of legal age, does hereby
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`declare and certify as follows:
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`1.
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`I have personal knowledge of the facts stated herein and I am competent to testify to these
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`matters. I am a U.S. citizen and I reside in Port St. Lucie, Florida.
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`2.
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`I have almost 20 years of experience working as a retail financial advisor involved in the selling
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`of financial products such as life insurance, annuities, and the like. During such time I had the
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`appropriate governmental licenses to sell said financial products.
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`3.
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`It is well known in the financial services industry that the words “investment” or “investment
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`plan” cannot be used when advertising or selling financial products such as life insurance, annuities, and
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`

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`the like. This restriction is due to the insurance regulations promulgated by the insurance commission of
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`each state.
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`4.
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`The idea behind the ROCK SOLID INVESTMENT trademark is the double meaning of the
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`words ROCK SOLID, which refer both to the physical nature of diamonds as literally being rocks, and
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`also to the steadfast and dependable nature of the price of diamonds.
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`5.
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`The ROCK SOLID INVESTMENT trademark is the subject of a business endeavor that involves
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`the selling of investment grade diamonds that have been professionally certified. This business endeavor
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`allows consumers to purchase investment grade diamonds as an investment. The diamonds may be
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`purchased directly by consumers or via an intermediary, such as a broker. Our business endeavor deals
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`with about 150 to 200 such brokers.
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`6.
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`The aforementioned business endeavor that sells investment grade diamonds does n_ot also sell
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`any insurance, annuities or other financial products of any kind.
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`7.
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`With regard to the ROCK SOLID INVESTMENT trademark, I have never encountered any
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`actual confusion between our use of said mark and the marks of Prudential Insurance Company. Neither
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`have I received any notice from any of the 150 to 200 brokers about any such confusion.
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`8.
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`I reviewed the Prudential Insurance Company marks being asserted in this opposition, and, other
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`than references to investment and commodities serviCes, the aforementioned business endeavor that sells
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`

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`investment grade diamonds does not sell any of the products and services listed in connection with the
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`Prudential Insurance Company marks. Though the aforementioned business endeavor that sells investment
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`grade diamonds does sell
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`to brokers,
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`the aforementioned business endeavor does not actually sell
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`brokerage services.
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`9.
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`In my experience as a retail financial adviser, consumers involved in the process of purchasing
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`insurance or investments are generally not impulse shoppers. They take time to research their purchase
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`and generally do their homework before committing to a product.
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`10.
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`In my experience as a retail financial adviser, consumers involved in the process of purchasing
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`insurance, such as life insurance, are generally not purchasing investments, such as stocks or bonds, at the
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`same time from the same seller.
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`1 1.
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`Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing statements and
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`information are true and correct, except as to statements made upon information and belief, and as to
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`those, I believe them to be true.
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`Executed this [22th day of December 2016.
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`

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`EXHIBIT B
`EXHIBIT B
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`EXHIBIT B1
`EXHIBIT B1
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`Insurance Department
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`Sec. 38a-819 page 1
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`(2-08)
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`TABLE OF CONTENTS
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`Unfair Insurance Practices:
`Advertisements of Accident and Sickness Insurance
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`Applicability .
`Definitions .
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`Method of disclosure of required information .
`Form and content of advertisements .
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`38a—819— 1
`38a-819- 2
`38a—819- 3
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`38a-819- 4
`38a-819— 5
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`Advertisements of benefits payable, losses covered or premiums pay-
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`Necessity for disclosing policy provisions relating to renewability,
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`Testimonials or endorsements by third parties .
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`38a-819- 6
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`38a-819- 7
`38a-819— 8
`38a-819- 9
`38a-819-10
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`38a-819—ll
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`38a-819-12
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`38a-819-13
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`. 38a-819-14
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`38a-819—15
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`38a-819-16
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`38a-819-17
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`Identification of plan or number of policies .
`Disparaging comparisons and statements .
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`Jurisdictional licensing and status of insurer.
`Identity of insurer .
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`Group or quasi-group implications .
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`Enforcement procedures .
`Severability provision .
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`38a-819-18
`38a-819-19
`38a-819—20
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`Unfair Insurance Practices: Advertisements of Life Insurance
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`38a-819-21
`38a—819-22
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`Definitions .
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`Form and content of advertisements .
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`Disclosure requirements .
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`Identity of insurer .
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`Jurisdictional licensing and status of insurer.
`Statements about the insurer .
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`38a-819—23
`38a—819-24
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`38a-819—25
`38a-819-26
`38a-819-27
`38a-819-28
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`38a-819-29
`38a-819-30
`38a-819-31
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`Enforcement procedure .
`Filing for prior review .
`Severability provision .
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`Life Insurance Solicitation
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`Authority .
`Purpose .
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`38a-819-32
`38a-819-33
`38a-819-34
`38a-819-35
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`38a-819—36
`38a-819-37
`38a—819-38
`38a-819-39
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`Sec. 38a—819 page 2
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`(2-08)
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`Appendix
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`Content of complaint record .
`Format of complaint record .
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`Explanation of codes .
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`1
`338a—819-58
`3L8a-819—59
`38a-819-60
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`38a-819-61
`3.8a—819-62
`3'8a-819—63
`3i8a-819-64
`38a—819-65
`38a-819-66
`38a—819-67
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`38a-819—68
`38a-819—69
`
`L
`38a-819-70
`38a-819—71
`38a-819-72
`38a-819-73
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`3,8a-819—74
`38a-819-75
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`Applicability and scope .
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`Definitions .
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`Policies to be illustrated .
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`Life Insurance Illustrations
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`General rules and prohibitions .
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`Standards for basic illustrations .
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`Standards for supplemental illustrations .
`Delivery of illustrations and record retention .
`Annual report; notice to policy owners .
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`Annual certifications .
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`Reserved .
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`Practices declared false, misleading, deceptive or unfair .
`Severability .
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`7
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`n;
`L-J!’
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`

`

`Insurance Department
`
`Sec. 38a-819 page 3
`
`'(9—98)
`§ 38a-819—3
`
`Unfair Insurance Practices:
`Advertisements of Accident and Sickness Insurance
`
`Sec. 38a-819-1. Purpose
`The purpose of these regulations is to assure truthful and adequate disclosure of
`all material and relevant information in the advertising of accident and sickness
`insurance. This purpose is intended to be accomplished by the establishment of,
`and adherence to, certain minimum standards and guidelines of conduct in the
`advertising of accident and sickness insurance in a manner which prevents unfair
`competition among insurers and is conducive to the accurate presentation and
`description to the insurance buying public of a, policy of such insurance offered
`through various advertising media.
`(Effective September 25, 1992)
`
`Sec. 383-819-2. Applicability
`A. These regulations shall apply to any accident and sickness insurance “adver—
`tisement” as that term is hereinafter denied in Sections 38a-819-3A, G, H, and 1,
`unless otherwise specified in these regulations, intended for presentation, distribution
`or dissemination in this state when such presentation, distribution or dissemination
`is made either directly or indirectly by or on behalf of an insurer, agent, broker, or
`solicitor as those terms are defined in the Insurance Code of this State and these rules.
`
`B. Every insurer shall establish and at all times maintain a system of control
`over the content, form and method of dissemination of all advertisements of its
`policies. All such advertisements, regardless of by whom written, created, designed
`or presented, shall be the responsibility of the insurer whose policies are so advertised.
`(Effective September 25, 1992)
`
`'
`
`Sec. 38a-819-3. Definitions
`
`A. An “advertisement” for the purpose of these regulations shall include: (I)
`printed and published material, audio visual material, and descriptive literature of
`an insurer used in direct mail, newspapers, magazines, radio scripts, TV scripts,
`billboards and similar displays; and (2) descriptive literature and sales aids of all
`kinds issued by an insurer, agent or broker for presentation to members of the
`insurance buying public, including but not limited to circulars, leaflets, booklets,
`depictions, illustrations, and form letters; and (3) prepared sales talks, presentations
`and material for use by agents, brokers and solicitors.
`B. “Policy” for the purpose of these regulations shall include any policy, plan,
`certificate, contract, agreement, statement of coverge, rider or endorsement which
`provides accident or sickness benefits, or medical, surgical or hospital expense
`benefits, whether on an indemnity, reimbursement service or prepaid basis.
`C. “lnsurer” for the purpose of these regulations shall include any individual,
`corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds, fra-
`ternal benefit society, health maintenance organization, and any other legal entity
`engaged in the advertisement of a policy as “policy” is herein defined.
`D. “Exception” for the purpose of these regulations shall mean any provision
`in a policy whereby coverage for a specified hazard is entirely eliminated; it is a
`statement of a risk not assumed under the policy.
`E. “Reduction” for the purpose of these regulations shall mean any provision
`which reduces the amount of the benefit; a risk of loss is assumed but payment
`upon the occurrence of such loss is limited to some amount or period less than
`would be otherwise payable had such reduction not been used.
`
`

`

`Sec. 38a-819 page 4
`§ 38a—819—3
`
`(9-98)
`
`Insurance Department
`
`F. “Limitation” for the purpose of these regulations shall mean any provision
`which restricts coverage under the policy other than an exception or a reduction.
`G. “Institutional Advertisement” for the purpose of these regulations shall mean
`an advertisement having as its sole purpose the promotion of the reader’s or viewer’s
`interest in the concept of accident and sickness insurance, or the promotion of
`the insurer.
`'
`
`H. “Invitation to Inquire” for the purpose of these regulations shall‘ mean an
`advertisement having as its objective the creation of a desire to inquire further about
`the product and which is limited to a brief description of the loss for which the
`benefit is payable, and which may contain: (1) The dollar amount of benefit payable,
`and/or (2) the period of time during which the benefit is payable; provided the
`advertisement does not refer to cost. An advertisement which specifies either the
`dollar amount of benefit payable or the period of time during which the benefit is
`payable shall contain a provision in effect as follows:
`
`“For costs and further details of the coverage, including exclusions, any
`reductions or limitations and the terms under which the policy may be continued
`in force, see your agent or write to the company.”
`-
`
`I. “Invitation to Contract” for the purpose of these regulations shall mean an
`advertisement which is neither an invitation to inquire nor an institutional adver-
`tisement.
`l
`(Effective September 25, 1992)
`
`See. 38a-819-4. Method of disclosure of required information
`All information required to be disclosed by these'regulations shall be set out
`conspicuously and in close conjunction with the statements to which such information
`relates or under appropriate captions of such prominence that it shall not be mini~
`mized, rendered obscure or presented in an ambiguous fashion or intermingled with
`the context of the advertisement so as to be confusing or misleading.
`(Effective September 25, 1992)
`
`See. 38a-819-5. Form and content of advertisements
`A. The format and content of an advertisement of an accident or sickness insur-
`
`ance policy shall be sufficiently complete and clear to avoid deception or the capacity
`or tendency to mislead or deceive. Whether an advertisement has a capacity or
`tendency to mislead or deceive shall be determined by the Commissioner of Insurance
`from the overall impression that the advertisement may be reasonably expected to
`create upon a person of average education or intelligence, within the segment of
`the public to which it is directed.
`‘
`B. Advertisements shall be truthful and not misleading in fact or in implication.
`Words or phrases, the meaning of which is clear only by implication or by familiarity
`with insurance terminology, shall not be used.
`C. An offer in an advertisement of free inspection of policy or offer of a premium
`refund or offer to inquire is not a cure for misleading or deceptive statements
`contained in such advertisement.
`(Effective September 25, 1992)
`
`See. 38a-819-6. Advertisements of benefits payable, losses covered or premi-
`ums payable
`A. Deceptive words, phrases, or illustrations prohibited. (1) No advertisement
`shall omit information or use words, phrases, statements, references or illustrations
`
`

`

`Insurance Department
`
`Sec. 38a-819 page 5
`
`(9-98)
`§ 383-8 l 9—6
`
`if the omission of such information or use of such words, phrases, statements,
`references or illustrations has the capacity,
`tendency or effect of misleading or
`deceiving purchasers or prospective purchasers as to the nature or extent of any
`policy benefit payable, loss covered or premium payable. The fact that the policy
`offered is made available to a prospective insured for inspection prior to consumma—
`tion of the sale or an offer is made to refund the premium if the purchaser is not
`satisfied does not remedy misleading statements.
`(2) No advertisement shall contain or use words or phrases such as “all,” “full,”
`“complete,” “comprehensive,” “unlimited,” “up to,” “as high as,” “this policy
`will help pay your hospital and surgical bills,” “this policy will help fill some of
`the gaps that Medicare and your present insurance leave out,” “this policy will
`help to replace your income” (when used to express loss of time benefits), or similar
`words and phrases, in a manner which exaggerates any benefits beyond the terms
`of the policy.
`(3) An advertisement shall not contain descriptions of a policy limitation, excep-
`tion, or reduction, worded in a positive manner to imply that it is a benefit, such
`as describing a waiting period as a “benefit builder” or stating “even pre-existing
`conditions are covered after two years.” Words and phrases used in an advertisement
`to describe such policy limitations, exceptions and reductions shall fairly andvaccu-
`rately describe the negative features of such limitations, exceptions and reductions
`of the policy offered.
`(4) No advertisement of a benefit for which payment is conditional upon confine-
`ment in a hospital or similar facility shall use words or phrases such as “tax free,”
`“extra cash,” “extra income,” “extra pay,” or substantially similar words or
`phrases because such words and phrases have the capacity, tendency or effect of
`misleading the public into believing that the policy advertised will, in some way,
`enable them to make a profit from being hospitalized.
`l
`(5) No advertisement of a hospital or other similar facility confinement benefit
`shall advertise that the amount of the benefit is payable on a monthly or weekly
`basis when, in fact, the amount of the benefit payable is based upon a daily pro
`rata basis relating to the number of days of confinement. When the policy contains
`a limit on the number of days of coverage provided, such limit must appear in
`the advertisement.
`l
`,.
`(6) No advertisement of a policy covering only one disease or a list of specified
`diseases shall imply coverage beyond the terms of the policy. Synonymous terms
`shall not be used to refer to any disease so as to imply broader coverage than is
`the fact.
`
`.
`
`(7) An advertisement for a policy providing benefits for specified illnesses Only,
`such as cancer, or for specified accidents only, shall clearly and conspicuously in
`prominent type state the limited nature of the policy. The statement shall be worded
`in language identical to, or substantially similar to the following: “THIS IS A
`LIMITED POLICY,” “THIS IS A CANCER ONLY POLICY.”
`(8) An advertisement of a direct response insurance product shall not imply that
`because “no insurance agent will'call and no commissions will be paid to agents”
`that it is “a low cost plan,” or use other similar words or phrases because the cost
`of advertising and servicing such policies is a substantial cost in the marketing of
`a direct response insurance product.
`B. Exceptions, reductions and limitations. (1) When an advertisement refers
`to either a dollar amount, or a period of time for which any benefit is payable, or
`the cost of the policy, or specific policy benefit, or the loss for which such benefit
`
`

`

`Sec. 38a-819 page 6 -
`§ 38a-819-6
`
`(9-98)
`
`Insurance Department
`
`is payable, it shall also disclose those exceptions, reductions and. limitations affecting
`the basic provisions of the policy without which the advertisement would have the
`capacity or tendency to mislead or deceive.
`‘
`(2) When a policy contains a waiting, elimination, probationary or similar time
`period between the effective date of the policy-and the effective date of coverage
`under the policy or a time period between the date a loss occurs and the date benefits
`begin to accrue for such loss, an advertisement which is subject to the requirements
`H u
`of the preceding paragraph shall disclose the existence of such periods.
`mini-
`(3) An advertisement shall not use the words “only,” “just,” “merely,
`mum,” or similar words or phrases to describe the applicability of any exceptions
`and reductions, such as: “This policy is subject to the following minimum exceptions
`and reductions.”
`‘
`,’
`‘C. Pre-existing conditions. (1) An advertisement which is subject to the require~
`ments of § 38a-819-6 B shall, in negative terms, disclose the extent to Which any
`loss is not covered if the cause of such loss is traceable to a condition existing prior
`to the effective date of the policy. The use of the term “pre-existing condition”
`without an appropriate definition or description shall not be used.
`(2) When a policy does not cover losses resulting from pre—existing conditions,
`no advertisement of the policy shall state‘or imply that the applicant’s‘ physical
`condition or medical history will not affect the issuance of the policy or payment of
`a claim thereunder. This rule prohibits the use of the phrase “no medical examination
`required” and phrases of similar import but does not prohibit explaining “automatic
`issue.” If an insurer requires a medical examination for a specified policy, the
`advertisement if it is an invitation to contract shall disclose that a medical examination
`
`j
`'
`'
`is required.
`(3) When an advertisement contains an application form to be completed by the
`applicant and returned by mail for a direct response insurance product, such applica-
`tion form shall contain a question or statement 'which reflects the pre-existing
`condition provisions of the policy immediately preceding the blank space for the
`applicant’s signature. For example, such an application form shall contain a question
`or statement substantially as follows:
`1
`
`“Do you understand that this policy will not pay benefits during the first
`
`year(s) after the issue date for a disease or physical condition which you
`now have or have had in the past?
`r
`
`D YES”
`
`Or substantially the following statement:
`
`“I understand that the policy applied for will not pay benefits for any loss
`
`incurred during the first
`year(s) after the issue date on account of disease
`or physical condition which I now have or have had in the past.”
`(Effective September 25, 1992)
`-
`-
`
`Sec. 383-819-7. Necessity for disclosing policy provisions relating to renew-
`ability, cancellability and termination
`1
`
`When an advertisement which is-an invitation to contract refers to either a dollar
`amount or a period of time for which any benefit is payable, or thecost of the
`policy, or specific policy benefit, or the loss for which such benefit is payable, it
`shall disclose the provisions relating to renewability, cancellability and termination
`and any modification of benefits, losses covered or premiums because of age or
`
`

`

`Insurance Department
`
`Sec. 38a-8l9 page 7
`
`(9-98)
`§ 38a—819—10
`
`in a manner which shall not minimize or render obscure the
`for other reasons,
`qualifying conditions.
`(Effective September 25, I992)
`
`Sec. 383-819-8. Photographs
`The use of the following photographs, illustrations or depictions shall not be used
`in a manner that has the capacity, tendency or effect of being misleading or deceptive:
`(l) hospitalized victims or patients; (2) ambulances or emergency vehicles; (3)
`medical instruments, facilities or personnel; (4) injured persons; (5) any photograph
`or illustration that detracts or unduly emphasizes the risks covered by a particular
`policy; (6) any other photograph, illustration or depiction that tends to be misleading
`or deceptive.
`(Effective September 25, 1992)
`
`Sec. 383-819-9. Testimonials or endorsements by third parties
`A. Testimonials used in advertisements must be genuine, represent the current
`opinion of the author, be applicable to the policy advertised and be accurately
`reproduced. The insurer, in using a testimonial, makes as its own all of the statements
`contained therein, and the advertisement, including such statement, is subject to all
`the provisions of these rules.
`B. If the person making a testimonial, an endorsement or an appraisal has a
`financial interest in the insurer or a related entity as a stockholder, director, officer,
`employee, or otherwise, such fact shall be disclosed in the advertisement. If a person
`is compensated for making a testimonial, endorsement or appraisal, such fact shall
`be disclosed in the advertisement by language substantially as follows: “Paid
`Endorsement.” The provisions of this subsection do not require disclosure of union
`“scale” wages required by union rules if the payment is actually for such “scale”
`for TV or radio performances. The payment of substantial amounts, directly or
`indirectly, for “travel and entertainment” for filming or recording of TV or radio
`advertisements remove the filming or recording from the category of an unsolicited
`testimonial and require disclosure of such compensation. The provisions of this
`subsection do not apply to an institutional advertisement which has as its sole
`purpose the promotion of the insurer.
`C. An advertisement shall not state or imply that an insurer or a policy has been
`approved or endorsed by any individual, group of individuals, society, association
`or other organizations, unless such is the fact, and unless any proprietary relationship
`between an organization and the insurer is disclosed. If the entity making the
`endorsement or testimonial has been formed by the insurer or is owned or controlled
`by the insurer or the person or persons who own or control the insurer, such fact
`shall be disclosed in the advertisement.
`
`D. When a testimonial refers to benefits received under a policy, the specific
`claim data, including claim number, date of loss, and’other pertinent information
`shall be retained by the insurer for inspection for a period of four years or until the
`filing'of the next regular report on examination of the insurer, whichever is the
`longer period of time.’
`.
`(Effective September 25, 1992)
`
`Sec. 38a-819-10. Use of statistics
`
`A. An advertisement relating to the dollar amounts of claims paid, the number
`of persons insured, or similar statistical-information relatingto any insurer or policy
`shall not use irrelevant facts and shall not be used unless it accurately reflects all
`
`

`

`(9-98)
`Sec. 38a-819 page 8
`
`§ 38a—819—10
`I
`
`" insurance'Department
`
`of the relevant facts. Such an advertisement shall not imply that such statistics are
`derived from the policy advertised unless such is the fact, and ‘when applicable to
`other policies or plans shall specifically so state.
`‘1
`B. An advertisement shall not represent or imply that claim settlements by the
`insurer are “liberal” or “generous,” or use words of similar import, or that claim
`settlements are or will be beyond the actual
`terms of the cOntract. Ari unusual
`amount paid for a unique claim for the policy advertised is misleading ahand shall
`not be used.
`-
`l
`' C. The source of any statistics used in an advertisement shall be identified in
`Such advertisement.
`(Effective September 25, 1992)
`
`Identification of plan or number of policies
`Sec. 38a-8l9-11.
`A. When a choice of the amount of benefits is referred to, an advertisement
`which is an invitation to contract shall disclose that the amount of benefits 'provided
`depends upon the plan selected and that the'premium will vary with the amount of
`the benefits selected.
`'
`3
`B. When an advertisement which is an invitation to contract refers to various
`
`benefits which may be contained in two or more policies, other than group master
`policies, the advertisement shall disclose that such benefits are provided only through
`a combination of such policies.
`(Effective September 25, I992)
`
`f
`Sec. _38a-819-12. Disparaging comparisons and Statements
`An advertisement shall not directly or indirectly make unfair or incomplete com—
`parisons of policies or benefits or comparisons of non-comparable policies of other
`insurers and shall not disparge competitors,
`their policies, services orbusiness
`methods and shall not disparage or unfairly minimize competing methods of market-
`ing insurance.
`_
`.
`(Effective September 25, 1992)
`1
`i
`Sec. 38a-819-13.
`Jurisdictional licensing and status of insurer
`A. An advertisement which is intended to be seen or heard beyond the limits of
`the jurisdiction in which the insurer is licensed shall not imply licensing beyond
`those limits.
`'
`'
`'
`'
`
`'B. An advertisement shall not create the impression directly or indirectly that
`the insurer, its financial conditiOn or status, or the payment of its claims, or the
`merits, desirability, or advisability of its policy forms or kinds or plans of insurance
`are approved, endorsed, or accredited'by any division or agency of this state or the
`United States Government unless such is.the fact.
`'
`(Effective September 25, 1992)
`
`5
`
`'
`
`'
`
`Identity of insurer
`Sec. 38a-819-14.
`A. The name of the actual insurer shall be stated in all of its advertisements.
`
`The form number or numbers of the policy advertised shall be stated in an advertise-
`ment which is an invitation to contract. An advertisement shall not use a trade name,
`any insurance group designation, name of the parent company of the insurer, name
`of a particular division of the insurer, service mark, slogan, symbol or other device
`which without disclosing the name of the actual inSurer would have theicapacity
`and tendency to mislead or deceive as to the true identity of the insurer.
`‘
`B. No advertisement shall use any combination of words, symbols, orrphysical
`materials which by their content, phraseology, shape, color or other characteristics.
`
`
`
`

`

`‘
`
`lnsurancerDepartment
`
`Sec. 38a«8l9 page 9
`g
`,
`
`(9—98)
`§38a~819—16
`
`_
`
`are so similar to combination of words, symbols, or physical materials used by
`agencies of the federal government or of this state, or otherwise appear to be of
`such a nature that it tends to confuse or mislead prospective insureds into believing
`that the solicitation is in some manner connected with an agency of the municipal,
`state, or federal government.
`(Effective September 25, 1992)
`
`See. 38a-819-15. Group or quasi-group implications
`An advertisement of a particular policy shall not state or imply that prospective
`insureds become group or quasi—group members covered under a group policy and
`as such enjoy special rates or underwriting privileges, unless such