SAN FRANCISCO–The Supreme Court has declined to review a trademark dispute between two credit unions following a lower court ruling that a failed infringement claim rendered a trademark cancellation irrelevant.
As CUToday.info has reported and as Bloomberg Law updated, the case involves a dispute between credit unions over the trademark “CEFCU. Not a Bank. Better,” which is owned by Illinois-based Citizens Equity First Credit Union.
According to Bloomberg Law, San Diego County Credit Union’s petition argued a U.S. district court’s declaratory judgment against Citizens Equity First Credit Union should have been allowed to stand. The U.S. Court of Appeals for the Ninth Circuit overturned that order, saying the district court should have nixed the effort once SDCCU won a decision.
As CUToday.info originally reported here, San Diego County Credit Union had alleged CEFCU had committed fraud before the U.S. Patent and Trademark Office.
San Diego County Credit Union owns more than 40 trademark registrations related to its services, including the mark “It’s Not Big Bank Banking. It’s Better.”... In a lawsuit filed in May of 2017, SDDCU alleged CEFCU filed a petition with the Patent Office stating it wanted SDCCU’s trademark cancelled, as it is too close to CEFCU’s slogan, “CEFCU. Not a bank. Better.” CEFCU said the similarity causes confusion.
As CUToday.info also reported, San Diego County Credit Union had filed suit arguing CEFCU’s actions pose a threat to the credit union and further stating it was unaware of any confusion among consumers when it comes to the two credit unions. SDCCU also argued that many credit unions use similar slogans that seek to create differentiation with banks.
While it is based in Illinois, CEFCU entered the Northern California market in 2008 following a merger.
A copy of the original complaint can be found here.
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