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Laurel Road Bank v. CommonBond Inc.

Bank's Trade Dress Likely Generic, Not Shown Distinctive, Thus Is Unprotected

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OPINION AND ORDER Laurel Road Bank brings this action against CommonBond, Inc., alleging that CommonBond infringed its trade dress embodied in an advertising campaign for student loan services. On August 28, 2018, the Court entered a temporary restraining order preventing CommonBond from displaying any new advertisements using the trade dress. On September 14, 2018, following additional briefing and a hearing on Laurel Road’s motion for a preliminary injunction, the Court denied the motion and dissolved the temporary restraining order. This Opinion sets forth the Court’s reasoning.I. Factual and Procedural BackgroundA. The PartiesLaurel Road provides financial services in student loan refinancing, mortgages, personal and commercials loans, and consumer and business deposit products. Schaefer Decl. 3, Doc. 10. Laurel Road has physical bank branches in Connecticut as well as offices in Connecticut, New York, and California. Id. 4. Laurel Road also offers its services online. Id. 25.CommonBond offers graduate and undergraduate student loans and refinancing of such loans. Phillips Decl. 3, Doc. 18. CommonBond maintains an office in New York and sells its services nationwide through its online website. Id.

4, 12.B. Laurel Road’s Trade DressIn June 2017, Laurel Road (which was previously known as Darien Rowayton Bank) launched its Laurel Road brand. Schaefer Decl.

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