Select Sector SPDR Trust Sues Invesco Over ETF Symbols
24 July 2010 - 5:25AM
Dow Jones News
The manager of the Select Sector SPDR exchange-traded fund
family is suing Invesco Ltd. (IVZ) over its use of similar trading
symbols for its PowerShares ETFs.
The complaint by the the Boston-based Select Sector SPDR Trust
accuses PowerShares Exchange-Traded Fund Trust II, Invesco
PowerShares Capital Management LLC and Invesco of trademark
infringement and misappropriation. It was filed Thursday in U.S.
District Court in Houston.
In April, Invesco began marketing its PowerShares ETFs, which
trade on the Nasdaq stock exchange, using ticker symbols which
begin with "XL." Select SPDR funds have used the same convention
since 1998, the lawsuit said. It called the symbols adopted by the
PowerShares ETFs "confusingly similar" and damaging to the value of
the Select Sector SPDR ETFs.
Invesco adopted the symbols "with the intent to obtain free
publicity for its new and untested ETFs," the suit alleged. The
trust asked that the PowerShares ETFs be required to change the
symbols and asks reimbursement for the cost of the suit.
Ivy McLemore, a spokesman for Invesco, said it was company
policy not to comment on litigation.
Nine Select Sector SPDR ETFs, which hold shares of companies in
the Standard & Poor's 500 Composite Stock Index, are identified
with the "XL" symbol. For example, its consumer discretionary ETF
trades under the symbol XLY and its consumers staples ETF trades
under XLP.
PowerShares is seeking "to confuse both institutional and retail
investors," said Dan Dolan, director of wealth management
strategies for the Select Sector SPDR Trust at ALPs Distributors
Inc. He called the Select Sector SPDR ETFs the "clear leader" among
sector ETFs with $31 billion in assets in the nine funds. "I don't
think there's any other way of looking at it than they're trying to
jump on our back."
The nine PowerShares funds, which also use the "XL" symbol,
track a subset of companies in the Standard & Poor's 600
Composite Stock Index, a small-cap index. PowerShares S&P
SmallCap Consumer Discretionary Portfolio trades under the symbol
XLYS, and PowerShares S&P SmallCap Consumers Staples Portfolio
trades under XLPS.
The complaint notes that previous Powershares ETFs did not use
the "XL" symbol. Of 102 funds launched earlier, 101 begin with a
"P," the complaint notes.
-By Daisy Maxey, Dow Jones Newswires; 212 416 2237;
daisy.maxey@dowjones.com