CUNA to website/domain-name spoofer: 'Cease-and-desist'
WASHINGTON (4/4/06)--A Canadian entity that uses the words "credit union" in several domain names on the Internet and uses the names of existing chartered credit unions without their knowledge or approval has been issued a "cease and desist" letter from the Credit Union National Association (CUNA).
CUNA has received several complaints about the entity's use of names and has conducted research of the spoofs of several credit union websites.
The entity owning the domain names is HITFARM.com at "WhoisIdentity Shield" of Vancouver, British Columbia. It has purchased several credit union domain names that have never been "reserved" by the credit unions chartered under such names. If a variation is not purchased by the real credit union, it is available for anyone to purchase.
The spoof website is essentially a collection of information about "affiliate" sponsors and advertisers that have purchased space on the "spoof" websites and hope to drum up business from anyone happening along.
"As we have done in the past, CUNA suggests and encourages credit unions to reserve all the various domain name permutations of their credit union name that could be searched for on the web," said CUNA President/CEO Dan Mica. "Even if the domain names are never used by the credit union, at least they own them and they cannot be made part of this type of website scheme," he said.
CUNA's letter, written by Linda L. Lilledahl, vice president and associate general counsel at CUNA, states, "The unauthorized inclusion of a credit union's name or any portion of the name in a website is a violation of the credit union's proprietary name" and is "at best misleading and possibly knowingly deceptive."
The letter notes the entity has no connection to the named credit unions or members and that "use of the credit union names suggests endorsement of your site by the actual chartered credit unions whose names you are using. Clearly no such endorsement exists. In fact, your 'affiliate' sponsors and advertisers are competing with products and services offered by the actual chartered credit unions...It is without question that you have no right to list the credit union names and to suggest their endorsement of your site and products without their approval."
Canadian and U.S. laws and regulations restrict the use of the term "credit union" to credit unions organized and recognized by such states, and the website violates such statutes, the letter points out.
"We hereby demand that you cease and desist from use of credit union names on your website without approval of each credit union named," said the letter.
CUNA is also notifying the attorney general and departments of financial institutions in each state and province where "credit union" is a protected phrase.
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