PROSPERITY BANCSHARES, INC., and PROSPERITY BANK v. TOWN AND COUNTRY FINANCIAL CORPORATION and TOWN AND COUNTRY BANK - Trademark, Intellectual Property

This matter came before the Court on a Motion for Preliminary Injunction ("Motion") filed by Plaintiffs, Prosperity Bancshares, Inc., and Prosperity Bank (collectively "Prosperity". Prosperity sought a preliminary injunction prohibiting Defendants, Town and Country Financial Corporation and Town and Country Bank (collectively "Town and Country"), from using Prosperity's registered trademarks, "Prosperity Bancshares, Inc." and "Prosperity Bank." (collectively the "Prosperity Marks"). Both parties presented evidence and called witnesses. Prosperity's services and products include checking accounts, savings accounts, money market accounts, IRA accounts, loans, trust services, debit cards, credit cards, and online banking. One hundred and forty-thousand Prosperity customers nationwide use the online banking services. Tr. These customers have about $6 million in loans and $2 million in deposits. Any Prosperity customer can use the online services at an Internet accessible location via Prosperity's registered domain name www.prosperitybanktx.com.

On May 18, 2012, Defendants Town and Country opened the bank's newest branch location in Quincy, Illinois, and named the branch Peoples Prosperity Bank. Illinois and Federal banking regulations require that Town and Country always identify Peoples Prosperity Bank in Quincy as a division of Town and Country. Tr. 83. The Quincy branch store-front sign reads Peoples Prosperity Bank A Division of Town and Country Bank. Town and Country registered the domain name www.ourprosperity.com with an Internet registrar and maintains a Facebook page at www.facebook.com/townandcountrybank.com that references the 2012 opening of Peoples Prosperity Bank in Quincy.

Internet users who enter the www.ourprosperity.com domain name are automatically redirected to Town and Country's home page at www.townandcountrybank.com.

Prosperity did not demonstrater a likelihood for success on the merits in this trademark infringement action against Town and Country for Town and Country's use of the Quincy branch bank name Peoples Prosperity Bank a division of Town and Country or the domain name www.ourprosperity.com. 

The Motion for Preliminary Injunction was DENIED 

PROSPERITY BANCSHARES, INC., and PROSPERITY BANK, Plaintiffs,

v.

TOWN AND COUNTRY FINANCIAL CORPORATION and TOWN ANDCOUNTRY BANK, Defendants.

No. 12-cv-03179. February 4, 2013.

United States District Court, C.D. Illinois, Springfield Division.

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