DENVER–The Tenth Circuit Court of Appeals has declined to revive a trademark lawsuit between two credit unions.
As CUToday.info reported in 2020, Boulder, Colo.-based Elevations CU sent cease-and-desist letters to Elevate Credit Union in Brigham City, Utah, following a decision by the former Box Elder Credit Union to change its name. The now $209-million Elevate CU filed a lawsuit against Elevations in U.S. District Court in Utah on March 4, 2020, seeking a declaratory judgment. It noted as part of its claim that NCUA had signed off on the name change. Elevations CU counterclaimed.
The $3.37-billion Elevations Credit Union said the similar names would create confusion. Formerly known as University of Colorado FCU, the credit union changed its name to Elevations FCU in 2006.
Online Issues Cited
In its lawsuit Elevations had stated, “While Elevations does not do business in Utah and Elevate does not do business in Colorado, (members) of each do, and potential (members) have access to both credit unions’ websites through internet searches.”
Elevations further stated in the lawsuit that it does have members living in the Utah counties where Elevate makes its home — 16 at the time of the filing. About 41,000 Elevations’ (members) used Elevations services while in Utah, including 350,000 credit-card transactions and 5,000 ATM transactions during a period cited in the lawsuit, Elevations CU added.
‘Shortage of Evidence’ Cited
But the Tenth Circuit has ruled that the CUs’ similar names and similar green-and-blue logos will not lead to confusion, as most consumers exercise a “significant level” of care when choosing a financial institution, with the court further stating that the two CUs have almost no market overlap. In addition, the shortage of evidence of actual confusion or of Elevate’s intent to merge are reason to uphold a lower court’s ruling, which also went against Elevations CU, the Tenth Circuit added.
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