Truliant pulls ads until case is decided

WINSTON-SALEM, N.C. (5/28/09)--Truliant FCU has pulled its "Yes You Can" ads and billboards until a trademark infringement case filed by a competing bank is decided in a federal court. As a result, the bank Tuesday withdrew its motion for a preliminary injunction against the credit union's ads.

CommunityONE Bank, based in Asheboro, N.C., had requested the preliminary injunction to stop the credit union from using the ads while its lawsuit for trademark infringement proceeded through the court.

The bank filed a lawsuit May 13 in the U.S. District Court for the Middle District of North Carolina that claims the credit union uses the bank's registered "Yes you can" service mark on ads and in two billboards. It also claims the credit union's sunburst logo strongly resembles the bank's "Jack" logo, which looks like a jumping jack.

According to court documents, during negotiations between the two institutions' attorneys, the credit union told the bank that the credit union had removed two billboards that use a "Yes You Can" phrase. It also removed a photo of the billboard ad from Truliant's Facebook page. The credit union said the representation is not being used on any other billboards or materials, and it has instructed relevant employees not to use the phrase.

"Because the primary relief that CommunityONE sought through its motion for preliminary injunction has been realized, CommunityONE moves to withdraw its motion for preliminary injunction," said the court document.

The original lawsuit, which seeks damages, has not been dismissed. It alleges federal trademark infringement, federal unfair competition, state unfair and deceptive trade practices and common law trademark infringement and unfair competition.

Truliant is a $1.195 billion asset credit union based in Winston-Salem. Its billboard advertisement read, "Yes You Can. Join Truliant!"

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