BOULDER, Colo.–Elevations Credit Union here has lost a court case against another credit union’s new name that it stated is too similar to its own and violated its trademark.
Elevations said it plans to file an appeal of the decision in the 10th Circuit Court of Appeals in Denver in a case originally filed in 2019 against Box Elder Credit Union, which has changed its name to Elevate Credit Union, according to BizWest.com.
The $195-million Elevate CU is based in Brigham City, Utah and operates in three counties in the state.
BizWest.com reported Elevations sent cease-and-desist letters to Elevate, and Elevate filed a lawsuit against Elevations in U.S. District Court in Utah on March 4, 2020, seeking a declaratory judgment. Elevations counterclaimed.
Formerly known as University of Colorado FCU, the $3.2 billion credit union changed its name to Elevations FCU in 2006.
Online Confusion Alleged
“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,” BizWest.com reported. “Elevations said 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.”
The report further stated that Elevations had engaged an expert witness to conduct a study to see whether confusion between the trademarks existed, and the expert concluded that there was some level of confusion.
Expert’s Testimony Excluded
“The court, however, granted a motion to exclude the expert’s testimony. It also determined that Elevations’ attempts to exclude expert testimony brought by Elevate were moot,” BizWest.com reported. “The court did acknowledge five documented cases of confusion, including one in which an Elevate Federal employee tried mistakenly to apply for an Elevations loan online. In none of the five cases, however, did business get transacted before the confusion was discovered, the court said.”
However, BizWest.com added, Judge Dale Kimball ruled that the five cases of confusion were “de minimis,” or too minor to merit consideration.
Elevations is now seeking in its appeal to have the case reviewed and expert testimony accepted.
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