PeoplesBank Moves To Protect Brand and Avoid Consumer Confusion
HOLYOKE, Mass. (Business Wire EON/PRWEB ) December 23, 2008 --
PeoplesBank
has announced that it has filed an Unfair Competition and Trademark
Infringement complaint in the U.S. District Court in Springfield,
Massachusetts, against People’s United Bank and the two Massachusetts
banks that it owns, Bank of Western Massachusetts and Flagship Bank and
Trust, for False Advertisement and False Designation of Origin,
Infringement of State-Registered Service Mark, and Unfair and Deceptive
Practices.
PeoplesBank is a state-chartered community bank founded in Holyoke,
Massachusetts in 1885. People’s
United Bank is a stockholder-owned, federally chartered bank based
in Bridgeport, Connecticut, which recently acquired the Bank
of Western Massachusetts and Flagship
Bank and Trust through the purchase of their corporate parent the Chittenden
Corporation. People’s United Bank filed a complaint against
PeoplesBank in the U.S. District Court in Hartford, Connecticut on
December 8, 2008, requesting the Court to rule, in part, that it could
use the brand People’s United Bank in Massachusetts.
“It is clear that People’s United Bank is intent on promoting its brand
in Western Massachusetts despite the fact that there are two established
brands of PeoplesBank and United Bank already operating in the market,”
stated Attorney Donald S. Holland, who is representing PeoplesBank in
its complaint. “Its promotional signage and advertisement would
undoubtedly lead to the misperception that there was a merger between
PeoplesBank and United Bank. It would cause significant confusion
amongst consumers regarding whether they could bank at all three of the
institutions should they have a relationship with one of them. There is
already measurable confusion caused by the overlapping of media markets
and the close proximity of existing branches. Therefore, PeoplesBank
regards any attempt by People’s United Bank to rebrand its assets in
Western Massachusetts using the term “People's” as an infringement upon
our brand.”
Attorney Holland referenced Commerce
Bank & Trust v. TD BankNorth, Inc. and Commerce Bancorp, Inc.,
based in Worcester, Massachusetts, as an example of a local bank
fighting off a trademark infringement initiated by a much larger,
out-of-state banking interest. In this matter, the United States
District Court granted an injunction prohibiting the defendants from
using “Commerce Bank” or any other similarly confusing mark.
“We feel strongly about our brand and the values
it represents,” stated Douglas A. Bowen, President and CEO of
PeoplesBank. “The operational principles of a mutual- and
state-chartered community bank are very different from those of a
federally chartered, stockholder-owned bank operating in several
different markets. Promotion of the two brands in this market will
certainly cause confusion, which in these turbulent financial times will
further burden consumers.”
PeoplesBank,
the largest community bank in Hampden and Hampshire counties, offers a
full range of personal and commercial financial products and services.
Locally based since 1885, the Bank has offices and ATM locations in
Amherst, Chicopee, East Longmeadow, Feeding Hills, Granby, Hadley,
Holyoke, Longmeadow, Northampton, South Hadley, Springfield, Westfield
and online at bankatpeoples.com. PeoplesBank takes its responsibility to
the community seriously and was honored by the Boston Business Journal
as one of the top corporate charitable contributors in the state at the
2008 Corporate Citizen Summit.
See the original story at: http://eon.businesswire.com/releases/united_bank/western_massachusetts/prweb1790344.htm
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