PeoplesBank Files Complaint Against People's Bank
Holyoke-based PeoplesBank has filed an unfair competition and trademark infringement complaint against People's United Bank, the Bridgeport, Conn.-based parent of Worcester's Flagship Bank and Trust Co. and the Bank of Western Massachusetts.
PeoplesBank's complaint, filed Tuesday in U.S. District Court in Springfield, alleges that People's United, Flagship and Bank of Western Massachusetts took part in false advertisement, false designation of origin, infringement of state-registered service mark and unfair and deceptive practices.
Earlier this month, People's United filed a complaint in U.S. District Court in Hartford, Conn., against PeoplesBank requesting that the court rule that it could use the brand "People's United Bank" in Massachusetts.
In its complaint, People's United claims that despite a heretofore peaceful coexistence, PeoplesBank has been trying to block People's United trademark registration applications filed in 2006 and 2007.
PeoplesBank argues that because PeoplesBank and West Springfield-based United Bank already do business in Western Massachusetts, People's United's "promotional signage and advertisement would undoubtedly lead to the misperception that there was a merger between PeoplesBank and United Bank."
In the complaint, the community-based PeoplesBank casts itself as the underdog taking on the federally chartered, stockholder-owned People's United and argues that there is already "measurable confusion" caused by the banks' overlapping media markets. Should People's United be allowed to continue using its name in Western Massachusetts, customers would become more confused about which bank holds their accounts, the complaint argues.
As an example, PeoplesBank points to the recent battle between Worcester's Commerce Bank & Trust, TD Banknorth Inc. and Commerce Bancorp Inc. Commerce was successful in keeping TD Banknorth and Commerce Bancorp from using the name "Commerce Bank" in the Central Massachusetts market.
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