‘Foremost’ Trademark Suit Revival Holds as Justices Pass on Case

A Farmers Insurance Group subsidiary’s lawsuit attempting to enforce its “Foremost” trademark can head to trial after the US Supreme Court declined to disturb its revival.

FCOA LLC, which operates as Foremost Insurance Co., had convinced the US Court of Appeals for the Eleventh Circuit that a jury was needed to adjudicate its claims against Foremost Title & Escrow Services LLC. The appellate panel said in a January ruling “similar unsophisticated consumers” would see similar marks and advertisements for similar insurance products, meaning it’s possible a jury could find likely confusion.

The decision reversed a Florida federal court that had ...