Courts & Crime

New Aflac ad leads to trademark infringement suit

Aflac's new advertising campaign, "You Don’t Know Quack," is under legal attack.

Chicago-based Jellyvision Inc., a company that "creates and develops unique interactive experiences," has filed a suit in U.S. District Court, Northern District of Illinois, Eastern Division against the Columbus, Ga., insurer for trademark infringement.

Jellyvision created and marketed the interactive game "You Don't Know Jack," which was briefly an ABC television show in 2001.

And the company took offense when Aflac launched its "You Don’t Know Quack" advertising campaign earlier this month, claiming there could be confusion between the two slogans.

"Aflac's use is unauthorized by Jellyvision and represents an effort to trade on the valuable goodwill and reputation associated with Jellyvision and its You Don't Know Jack mark," according to the suit.

The Illinois company was Aflac to quit using the slogan and is seeking financial compensation, according to the suit.

Jellyvision general counsel Kurt J. Hirsch said Monday that attorneys representing Jellyvision and Aflac are "attempting to reach an amicable solution."

Though the suit has been filed in federal court, Aflac has not been served, Hirsch said.

Aflac, through a spokeswoman, Laura Kane, declined to comment.

"We don't discuss pending litigation," Kane said.