Why does Mass Mutual want to hide its disability insurance claim forms?
Mass Mutual, an insurance company that sells long term disability insurance products, recently hired the international law firm of Shutts & Bowen in an effort to prohibit Disability Insurance Attorneys Dell & Schaefer from displaying blank Mass Mutual long term disability insurance claim forms on their website. More specifically, Mass Mutual hired attorney Jeffrey Landau, one of the leading insurance defense attorneys in the United States.
Mass Mutual claims that by displaying their logo and claim forms that Attorneys Dell & Schaefer is “conducting an unfair and deceptive trade practice.” The forms are posted by Attorneys Dell & Schaefer in order to inform potential claimants of the requirements necessary to prove disability. Mass Mutual has over 300 billion dollars in assets under management and it is interesting that they are concerned about Attorneys Dell & Schaefer providing access to a set of blank claim forms that must be submitted in order for disability applicant to complete their claim for benefits. Instead of blank claim forms, we could have provided copies of claim forms that were submitted as public records in one of the many lawsuits against Mass Mutual.
I always try to give disability insurance companies the benefit of the doubt that they want to do the right thing for their insureds, but it is actions like requesting a law firm to remove blank claim forms which reaffirms my belief that insurance companies are committed to making the disability benefit claims process as difficult as possible.
Disability attorneys Dell & Schaefer do not have the time to dispute Mass Mutual’s request to remove the disability claim forms from their website, therefore we have agreed to remove the forms from our website. Claim forms and information regarding Mass Mutual are available upon request. A copy of the cease and desist letter sent by Mass Mutual’s hired lawyer can be viewed below.
Re: Infringement of MassMutual Intellectual Property
We represent Massachusetts Mutual Life Insurance Comapny and its affiliated entities (collectively, “MassMutual”) in connection with the enforcement of its intellectual property rights and pursuit of those who may infringe those rights. Your website, https://www.diattorney.com/, and more particularly the page located at https://www.diattorney.com/mass-mutual/ (collectively, the “Dell Website”) have come to the attention of MassMutual, which has asked us to contact you regarding your unauthorized use and display of MassMutual’s registered marks, proprietary information, and forms that also contain those marks. This includes, but is not limited to, the use of the MassMutual Financial Group logo and MassMutual long term disability claim forms. It also appears that some of these copyrighted and/or trademarked materials may have improperly, and without authorization, been misappropriated from MassMutual’s own website.
We assume you are aware that unauthorized duplication of MassMutual’s proprietary marks and forms violates federal law, including the Lanham Act. Furthermore, while we understand that competition in the marketplace is allowed, this conduct is unfair and deceptive trade practice under Florida law and en example of sanctionable unfair competition. These act violate section 501 et. seq., Florida Statutes and Florida common law. The potential remedies available under Florida law and for infringement actions are significant.
MassMutual is prepared to pursue its civil remedies in this matter. As a plaintiff, we may not only enjoin the unlawful infringement of MassMutual’s marks and proprietary documents, but may also obtain damages for such infringement and unfair competition, including, but not limited to, the defendant’s profits, any damages sustained by the plaintiff, and the cost of the action. In egregious cases, such as where knowing and willful infringement is found, the damages may be multiplied.
However, MassMutual wishes to resolve this matter amicably and without filing suit – but is fully prepared to enforce it’s rights in court if necessary. Accordingly, we demand, on behalf of MassMutual, that you and your law firm immediately:
- Take down all infringing content at all websites under your control, including, but not limited to those pages located at https://www.diattorney.com/ and https://www.diattorney.com/mass-mutual/
- Cease and recall all advertising and promotional materals bearing MassMutual’s marks and other proprietary forms
- Discontinue all use of the text, images, and forms taken from our MassMutual’s website (of from a website of an authorized used of the materials and marks); and
- Commit in writing to cease all use of such marks or materials.
We ask you to confirm your agreement and comply with our request by signing and returning a copy of this letter to us by the close of business on October 20, 2010. MassMutual’s course of action in this matter will be determined based upon your degree of cooperation. If we do not hear from you we will be forced to move ahead promptly.
This offer of compromise is without prejudice to any claim for copyright or trademark infringement or unfair competition, or damages that may be asserted on behalf of MassMutual should this matter not be resolved promptly to its satisfaction.
If you have any questions about this, please don’t hesitate to contact me.
Very truly yours,
SHUTTS & BOWEN LLP
Jeffrey M. Landau
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Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.