Community Trust Bancorp, Inc. v. Community Trust Financial Corp.

2011 WL 673751 (2011)

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Community Trust Bancorp, Inc. v. Community Trust Financial Corp.

United States District Court for the Eastern District of Kentucky
2011 WL 673751 (2011)

SC

Facts

Community Trust Bancorp. Inc. (Bancorp) (plaintiff), a Kentucky banking institution, used “Community Trust” as its mark. Community Trust Bank of Texas, Community Trust Financial Corporation, and Community Trust Bank (defendants) were financial institutions based in Texas and Louisiana. The defendants maintained branch offices in Texas, Louisiana, and Mississippi. They had no physical presence within Kentucky and did not advertise in that state. Nine of the defendants’ 69,000 customers had Kentucky addresses. All nine of these accounts were initially set up outside of Kentucky. Four of the defendants’ Kentucky customers maintained online banking accounts with the defendants. Like Bancorp, the defendants used the mark “Community Trust.” Bancorp brought suit against the defendants arguing that their use of the “Community Trust” mark suggested to consumers that Bancorp and the defendants were related entities. The defendants brought a motion to dismiss based upon lack of personal jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Caldwell, J.)

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