Broker drags Liberty Mutual to court over "Liberty" trademark grab

Broker says carrier looked the other way for decades - then demanded it drop the name

Broker drags Liberty Mutual to court over "Liberty" trademark grab

Risk, Compliance & Legal

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A nationwide insurance broker has sued Liberty Mutual in federal court, accusing the carrier of trying to claim the word "Liberty" for itself after decades of looking the other way. 

The lawsuit, filed on May 6, 2026 in the US District Court for the Central District of California, was brought by The Liberty Company Insurance Brokers, LLC, a Delaware-organized brokerage with offices nationwide, including in Woodland Hills, California. The broker is asking the court to declare that its use of "Liberty" does not infringe on Liberty Mutual Insurance Company's rights, and to cancel Liberty Mutual's federal trademark registration for the word LIBERTY. 

According to the filing, The Liberty Company has been marketing itself under "THE LIBERTY COMPANY" - and using the word "LIBERTY" on its own - for nearly 40 years. It says it has run libertycompany.com for more than two decades, and that the word "LIBERTY" sits front and center on its homepage, emails, brochures, videos, and ads. The broker handles commercial insurance, personal insurance, employee benefits, and related business services. 

What gives the case its bite, according to the complaint, is the long history between the two companies. The broker alleges that back in 2007, Liberty Mutual's lawyers sent a cease-and-desist letter taking issue with both the "Liberty Company" name and the broker's use of Statue of Liberty imagery. The filing says the dispute was resolved when Liberty Mutual agreed not to object to "Liberty Company" so long as the broker dropped the Statue of Liberty visuals. Liberty Mutual allegedly referenced that same understanding again in 2016. The broker also says it has placed millions of dollars in Liberty Mutual policies over the years. 

Then came the trademark filing. According to the complaint, Liberty Mutual applied in May 2017 to register LIBERTY for "insurance underwriting services for all types of insurance; insurance consultancy; insurance information services; insurance administration." The filing says examiners initially flagged a likelihood of confusion with other "Liberty" marks already on the register, prompting Liberty Mutual to argue that the field was "crowded," that insurance buyers are "sophisticated," and that consumers would easily tell the difference between "a small company offering a limited array of insurance products and services" and Liberty Mutual itself. The registration issued on November 2, 2021. 

The broker's lawsuit alleges that Liberty Mutual claimed use of the standalone "LIBERTY" mark since 1997 without disclosing the broker's earlier use - conduct the filing characterizes as fraud on the US Patent and Trademark Office. 

Things came to a head, the complaint says, on April 8, 2026, when Liberty Mutual's counsel sent a fresh cease-and-desist letter stating that the carrier "will no longer tolerate The Liberty Company's use of the term 'Liberty' in its tradename or trademark for use in connection with insurance and related services." The broker says follow-up talks confirmed there was no flexibility on continued use of the word. 

The Liberty Company is seeking declarations that it is the senior user of "LIBERTY" on its own for insurance-related services, that any infringement claim is barred by estoppel, acquiescence, or laches, cancellation of the registration, and monetary damages. 

The allegations in the complaint have not been tested in court. Liberty Mutual has not yet filed a response, and no court has ruled on the claims. 

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