Community Trust Bancorp, Inc. v. Community Trust Financial Corp.
United States District Court for the District of Kentucky
2011 WL 673751 (2011)
Community Trust Bancorp. Inc. (Bancorp) (plaintiff) is a Kentucky banking institution that uses “Community Trust” as its mark. Community Trust Bank of Texas, Community Trust Financial Corporation, and Community Trust Bank (defendants) are financial institutions based in Texas and Louisiana. The defendants maintain branch offices in Texas, Louisiana, and Mississippi. They have no physical presence within Kentucky and do not advertise in that state. Nine of the defendants’ 69,000 customers have Kentucky addresses. All nine of these accounts were initially set up outside of Kentucky. Four of the defendants’ Kentucky customers maintain online banking accounts with the defendants. Like Bancorp, the defendants use 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
Holding and Reasoning (Caldwell, J.)
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