Archive Links

Consumer Archive
CU System Archive
Market Archive
Products Archive
Washington Archive
150x172_CUEffect.jpg
Contacts
LISA MCCUEVICE PRESIDENT OF COMMUNICATIONS
EDITOR-IN-CHIEF
MICHELLE WILLITSManaging Editor
RON JOOSSASSISTANT EDITOR
ALEX MCVEIGHSTAFF NEWSWRITER
TOM SAKASHSTAFF NEWSWRITER

News Now

CU System
Carolina bank sues Truliant over billboards ads
WINSTON-SALEM, N.C. (5/27/09)--A bank has filed a trademark infringement lawsuit against a North Carolina credit union, claiming the credit union is using the bank's registered "Yes you can" service mark on credit union billboards and advertisements. Truliant FCU, a $1.195 billion-asset credit union based in Winston-Salem, had until 5 p.m. Tuesday to file a response to the suit, according to court documents. The suit was filed May 13 in U.S. District Court for the Middle District of North Carolina by attorneys for CommunityONE Bank, based in Asheboro, N.C. In the complaint, CommunityONE said it purchased rights to the "Yes you can" service mark in 1999, when it was doing business as First National Bank and Trust Co. It acquired the federally registered service mark from Crestar Financial Corp., Richmond, Va. In 2007, when the bank changed names, it registered the name change with the trademark assignment, said the complaint. The mark is an extension of the bank's corporate logo and mascot, Jack (likened to a jumping jack) and is used in marketing and customer service campaigns. The complaint alleges that Truliant, a competitor to CommunityONE, posted a billboard advertisement on Interstate 40 in Greensboro near the Route 68 interchange. The ad reads "Yes You Can. Join Truliant!" The complaint says the ad "prominently incorporates CommunityONE's 'Yes you can' service mark, together with the use of a sun logo, which bears a strong resemblance to CommunityONE's 'Jack' logo." The ad also appears on at least one other billboard and "creates a strong likelihood of confusion, and causes customers, potential customers, the public, regulators, and the trade to believe mistakenly that Truliant is affiliated with, connected with, sponsored by, approved by, or otherwise associated with CommunityONE," said the court documents. The suit alleges federal trademark infringement, federal unfair competition, state unfair and deceptive trade practices, and common law trademark infringement and unfair competition. The bank seeks a preliminary injunction preventing further use of the "Yes you can" mark and seeks damages. After Truliant files its response with the court, CommunityONE will be required to file a reply by 5 p.m. EDT June 1. A preliminary injunction hearing is set for June 4 in Winston-Salem.


RSS





print
News Now LiveWire
April is #NationalFinancialLiteracyMonth & @TheNCUA Chair Matz urges #creditunions to help members learn to manage/protect their finances.
48 minutes ago
Fed. FI regulators' statmnts on compromised credentials/destructive malware #cybersecurity http://t.co/f4uTBDm1PU http://t.co/zP5Iw6VxZc
2 hours ago
Home prices rising faster than wages: @RealtyTrac #NewsNow #Market http://t.co/wa74mnw3Cu
3 hours ago
.@Nussle dropped by the @ACUMuseum recently. Read about his visit http://t.co/bYe8RRgYLP
4 hours ago
.@PCISSC issues new pen test guidelines for businesses to identify network vulnerabilities @CUinfosecurity http://t.co/ENeGTPSMjf
6 hours ago