Adjuster, Nationwide Mutual Take Sides Over ‘On Your Side’ Slogan

By Andrew G. Simpson | March 6, 2014

  • March 6, 2014 at 11:40 am
    Libby says:
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    David, meet Goliath. Does Nationwide really think some small Tennessee adjusting firm is going to hurt their business? They’re being big bullies.

    • March 6, 2014 at 1:52 pm
      exNWAgent says:
      Hot debate. What do you think?
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      I have no love for Nationwide, but they are clearly in the right on this one. One of the founding principles of our country is the respect and protection of private property rights. The courts have been clear that this protection includes intellectual property. The “On Your Side” slogan and jingle have been a part of Nationwide since I was a kid in the 1970′s. They have spent plenty of money over the years to register these marks and establish them as their own. They have invested heavily in promoting this slogan as their brand. They must protect their rights to this property or risk losing it. It is the responsibility of Nationwide’s management to protect these rights and they are not being “big bullies” for doing so.

      • March 6, 2014 at 2:32 pm
        insurancepro2 says:
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        Ex NW agent- I disagree with you – if the IA has a disclaimer, and there are other companies that use “On your side” in their name, I fail to see how it will affect NW. FYI – I am a current NW/Titan employee (casualty claims); and tend to agree they are flexing their muscles to intimidate. I’ll always be on the side of the underdog….

      • March 6, 2014 at 3:25 pm
        KY jw says:
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        Except that the Nationwide version clearly includes “Nationwide is” on your side. The jingle just doesn’t work without those first four syllables.

      • March 6, 2014 at 6:13 pm
        Thomas says:
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        I also disagree. They only have the right if it is a Competing Company. Otherwise they would have to Sue Thousands of On Your Side News Channels also.

      • March 6, 2014 at 8:20 pm
        KentU says:
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        “On Your Side” is NOT the Nationwide jingle. The Nationwide jingle is “Nationwide is on your side”. If the name of the adjusting service was “Nationwide Insurance Adjuters, Inc.” and they used a jingle “Nationwide Insurance Adjusters is on your side” then, I could agree with you but, it is not. The brand name is Nationwide – not ‘on your side’. I guess if the adjusting service loses in court or doesn’t want to fight it in court they could change their name to “In Your Corner Adjusters”. Nationwide’s brand name is not being used so, this should not be an infringement issue.

        • March 13, 2014 at 2:15 pm
          exNWAgent says:
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          Was away for a few days and surprised upon my return that so many would disagree. Those diagreeing with me miss the point. You all argue what you think is fair or right. It is not a matter of what we think is right or fair, it is a matter of the law. The law protects private property rights. As per the article, “Nationwide owns several federal trademark registrations for On Your Side for use in connection with insurance and financial services. These include On Your Side, Nationwide Is On Your Side, 877-On Your Side, On Your Side Auto Repair and Esta De Tu Lado.”

          Simple open and shut case as far as I can see. Nationwide owns ( repeat, owns ) the use of “On Your Side” (those 3 words together) as it relates to insurance and financial services. Any business within those industries that is using “On Your Side” is infringing on Nationwide’s property rights.

          • March 13, 2014 at 3:08 pm
            Libby says:
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            I disagree. Nationwide does not own “On Your Side Adjusting Firm.”

            You say ” Nationwide owns (repeat, owns ) the use of “On Your Side” (those 3 words together) as it relates to insurance and financial services.” Where does it say that it is restricted to insurance and financial services? Is On Your Side Bakery an OK use? How about On Your Side Bank?

          • March 13, 2014 at 3:33 pm
            exNWAgent says:
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            For some reason I can’t reply to Libby’s latest post, but here is my repsonse.

            I was quoting what the article says, “Nationwide owns several federal trademark registrations for On Your Side for use in connection with insurance and financial services.” So, yes someone could use On your Side Bakery as a name as a bakery is not in either the insurance or financial service business. Could they use On Your Side Bank? No, a bank is in the financial services industry, plus Nationwide owns a bank.

            Just how I see it. It will be intersting to see what the courts say.

          • March 13, 2014 at 3:48 pm
            ConcernedAdjuster says:
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            COPIED FROM A COMMENT BELOW THAT THE COMPANY WROTE. Based on this it appears On Your Side Adjusters had a right to use the name.

            FACTS:
The Nationwide Trademark includes insurance service of; Namely, underwriting life, health, annuity, property, and casualty insurance – Financial Services; Namely, the sale of money market funds, pension funds, and IRA plans.

            1) On Your Side Adjusters, Inc. does not underwrite life, health, annuity, or property and casualty insurance or any other insurance.
            2) On Your Side Adjusters, Inc. does not sell mutual funds, money market funds, pension plans, IRA plans, or any other financial service.
            3) On Your Side Adjusters, Inc. does not sell ANYTHING remotely connected to what is sold or marketed by Nationwide Insurance.
            4) On Your Side Adjusters, Inc. does not work as an independent adjuster for any insurance company.

            As a public adjusting firm, On Your Side Adjusters business model is structured and marketed as direct opposition, not competition to companies such as Nationwide Insurance and it would not be in the best interest of our company to attempt to “free-ride on the Nationwide’s significant investment in developing the On Your Side Marks and are causing Nationwide irreparable harm.” as described by a Nationwide attorney. Such confusion would only hurt our business as our clients generally come to us when they are dissatisfied with their insurance companies handling of their claim. Confusion that would lead people to believe that we were in anyway associated with Nationwide Insurance would only hurt our company growth and therefore it is preposterous for Nationwide Insurance to claim.

  • March 6, 2014 at 1:23 pm
    farmerjohn says:
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    It’s interesting that so many IA’s here in Montana dropped Nationwide after our last large hailstorm. Many insureds were pretty unhappy with the claims service, maybe they weren’t “On Their Side”.

  • March 6, 2014 at 2:20 pm
    Integrity Matters says:
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    Libby: I agree with you. There is no way this small firm is taking business away from Nationwide. They do not “sell” their services in the same circles. The only “irreparable harm” they might be causing is by doing their jobs and finding coverage where Nationwide does not think it exists.

  • March 6, 2014 at 2:20 pm
    ConcernedAdjuster says:
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    After doing a quick google search on the words “On Your Side” I founds thousands of companies that use those words in their name. I also found over 50 Public Adjusting and/or insurance adjusting firms who use the words Nationwide AND/OR On Your Side in their company names AND/OR slogans, websites. Also I bet more then 50 percent of all news stations are On Your Side. If this case was really only filed after On Your Side Adjusters looked into and questioned Nationwide on their claim processing methods I would have to agree that this is a clear case of harassment. I looked at the website of On Your Side Adjusters, Inc. and it appears that they clearly want people to know that they are not associated with any insurance company as it says that it in big bold print on the main page. Also I am pretty sure that a public adjusting company cannot sell insurance so how are they actually competing? I am looking forward to seeing how this one will play out.

  • March 6, 2014 at 2:22 pm
    Integrity Matters says:
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    As an easy fix and compromise, OYS Adjusters could add “Not an affiliate or representative of Nationwide” to their website and marketing materials.

    • March 7, 2014 at 3:21 pm
      Rosenblatt says:
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      Reading comprehension fail:

      Snyder maintains that he has every right to use the slogan because his firm is not affiliated with any insurance company and is no position to influence Nationwide’s business. He also says his logo does not resemble Nationwide’s in any way. His website’s home page states, “We are not associated with any insurance company.”

  • March 6, 2014 at 2:59 pm
    Paul says:
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    I think this is a tempest in a tea pot. Nationwide doesn’t own the English language, and they don’t compete as a public adjuster. I think it’s harassment.

    What I’m waiting for is GEICO suing Esurance for using actors to mock their tag line/trademark “15 minutes to save 15% or more on car insurance”.

  • March 6, 2014 at 3:08 pm
    I'm so confused!! says:
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    Oh, wait…one is a BIG countrywide insurance company & one is a small one location adjusting firm. Yup, pretty confusing out there!

  • March 6, 2014 at 5:00 pm
    Libby says:
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    Intersting. Most people on here appear to agree with me, yet I get 12 thumbs down. There sure are alot of hands-down Libby-haters out there!

    • March 6, 2014 at 5:31 pm
      Hi Libby, It's Dad from Valentine's Day says:
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      You can ignore the dislikes! Hope all is well. Take care, Dad

      • March 7, 2014 at 9:16 am
        Libby says:
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        Thanks, Dad! I can always count on you to brighten my day!

  • March 7, 2014 at 10:36 am
    Bobbie Gane says:
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    I dont know pretty strange stuff! Why would a major Insurance company be concerned with what an adjustment company , that is in no way affiliated with insurance sales has as a slogen! Iam sorry but this is pety and rediculas on the part of a major company! Lets just say I get sick of all the creepy salons in the area and I use the slogan on your side beauty consultants, are they going to try and sue me too? Crazy

  • March 7, 2014 at 5:16 pm
    Martin says:
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    HERE IS THEIR OFFICIAL RESPONSE I JUST PULLED OFF THEIR FACEBOOK PAGE.

    ON YOUR SIDE ADJUSTERS OFFICIAL RESPONSE TO THE NATIONWIDE LAWSUIT AGAINST US

    On Your Side Adjusters view on the case is that this is nothing more then harassment on behalf of Nationwide insurance. They are trying to “TRADEMARK BULLY” us by flexing their muscles to harass our company for looking over their shoulder as to the way they treat their customers. A classic case of David VS Goliath. Who won that fight again? We will follow the rule that we teach our clients on a daily basis, no matter how big they are, always stand strong for what is right and never back down. Justice will prevail!

    This case was initiated only after Nationwide Insurance unjustly denied several insurance claims that we later represented the insured’s interested in. They did not appear to like the fact that On Your Side Adjusters was looking close and questioning their handling of the claims and we feel this case was their direct response to that issue. Once completed, the facts of those “bad faith” claims will surely be used as part of our case to prove such harassment is in fact occurring.

    WE DO NOT WORK FOR OR REPRESENT ANY INSURANCE COMPANY, nor have we ever, as can be seen in big bold print on our website. We are a public adjusting firm who works for attorneys, property managers, realtors, and home & business owners on the opposite side of the industry then that of Nationwide Insurance. 

    Our job is to look over settlements, wrongly denied claims, etc. and make sure that the insured was treated in “good faith” and/or properly paid what was owed to them under their policy for the loss. Even if we wanted to, our company ”CANNOT LEGALLY COMPETE AGAINST NATIONWIDE INSURANCE ON ANY ONE CLAIM”, nor are we licensed to sell or offer any product sold or offered by Nationwide insurance. In addition Nationwide insurance is not licensed to, nor do they compete against On Your Side Adjusters, Inc. We do not market, sell, or offer to sell ANYTHING that is covered under their Trademark for their tag “On Your Side” or any other trademark held by them. In addition, our logo looks nothing like that of Nationwide Insurance.

    We feel that they are simply trying to use their massive bankroll to knock out what they consider to be anyone from the outside who’s job it is to look close at what they are doing when it comes to unjustly denying or underpaying claims.

    Also we now operate under a new business entity with the name National Claim Managers, Inc. and have not taken a new claim under the name On Your Side Adjusters, Inc. since early last summer after receiving notice of the complaint from Nationwide Insurance. We did this, as an act of good faith and to avoid harassment and a legal battle with Nationwide insurance even know we did not feel we were legally obligated to do so, and we we did not agree to give up right to such name. At that time, we stopped taking new claims under the old company name and our new company National Claim Managers, Inc. was formed as a separate entity. To this point On Your Side Adjusters, Inc. has only been left as an active company while we close out all active claims and contractual obligations under that name and fully transition into the new entity. This can be a lengthy process as insurance companies such as Nationwide Insurance often drag their feet when it comes to settling claims with their insured and we cannot close that company down until all outstanding claims are settled and closed-out.

    Now that this case has come against us anyway, On Your Side Adjusters, Inc. plan to counter sue Nationwide Insurance for all costs associated with transitioning the two companies, “Trademark Bullying”, punitive damages “we feel that we can prove that this lawsuit is simply a form of harassment based around another issue”, as well as attorney and court costs. and we have now discontinued our plans to stop using the name On Your Side Adjusters, Inc. unless court ordered to do so. We will not allow the insurance giant Nationwide to push our company around and we intend to follow through with this case until we win, lose, or go bankrupt.

    FACTS:
The Nationwide Trademark includes insurance service of; Namely, underwriting, life, health, annuity, property, and casualty insurance – Financial Services; Namely, the sale of money market funds, pension funds, and IRA plans.

    On Your Side Adjusters, Inc. does not underwrite life, health, annuity, or property and casualty insurance or any other insurance.
    On Your Side Adjusters, Inc. does not sell mutual funds, money market funds, pension plans, IRA plans, or any other financial service.
    3) On Your Side Adjusters, Inc. does not sell ANYTHING remotely connected to what is sold or marketed by Nationwide Insurance.
    On Your Side Adjusters, Inc. does not work as an independent adjuster for any insurance company.
    As a public adjusting firm, On Your Side Adjusters business model is structured and marketed as direct opposition, not competition to companies such as Nationwide Insurance and it would not be in the best interest of our company to attempt to “free-ride on the Nationwide’s significant investment in developing the On Your Side Marks and are causing Nationwide irreparable harm.” as described by a Nationwide attorney. Such confusion would only hurt our business as our clients generally come to us when they are dissatisfied with their insurance companies handling of their claim. Confusion that would lead people to believe that we were in anyway associated with Nationwide Insurance would only hurt our company growth and therefore is preposterous for Nationwide Insurance to claim.

    HERE IS A POST WE READ ONLINE THAT DESCRIBES AN OUTSIDE VIEW OF THIS CASE
    After doing a quick google search on the words “On Your Side” I founds thousands of companies that use those words in their name. I also found over 50 Public Adjusting and/or insurance adjusting firms who use the words Nationwide AND/OR On Your Side in their company names AND/OR slogans, websites. Also I bet more then 50 percent of all news stations are On Your Side. If this case was really only filed after On Your Side Adjusters looked into and questioned Nationwide on their claim processing methods I would have to agree that this is a clear case of harassment. I looked at the website of On Your Side Adjusters, Inc. and it appears that they clearly want people to know that they are not associated with any insurance company as it says that it in big bold print on the main page. Also I am pretty sure that a public adjusting company cannot sell insurance so how are they actually competing? I am looking forward to seeing how this one will play out.

  • March 10, 2014 at 5:51 pm
    DA says:
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    Hidden due to low comment rating. Click here to see.

    • March 10, 2014 at 9:09 pm
      ConcernedAdjuster says:
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      As a PA myself I can tell you that a public adjuster represents a policy holder but does not compete against an insurance company in anyway. It seems that with your logic, your saying that also an attorney representing an insured on say a car accident would be in direct “competition” with an insurance company. Ummm??? COMPETITION: The effort of two or more parties acting independently to secure the business of a third party by offering the most favorable terms when marketing and selling the same products. REPRESENT: to act or speak officially on behalf of (someone or something) How are those two things the same?



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