ST. LOUIS — Together Credit Union can continue its cybersquatting and Missouri trademark dilution claims against a lending company operating as Together Loans, a federal judge has ruled. The judge dismissed two other claims in the credit union’s six-count lawsuit.
U.S. District Judge Cristian M. Stevens ruled Sept. 14 that the credit union had plausibly alleged that Transform Credit Inc., doing business as Together Loans, used a confusingly similar internet domain with a bad-faith intent to profit. Stevens also allowed a trademark dilution claim under Missouri law to proceed. The ruling addresses whether the claims can move forward; it does not decide whether Transform Credit violated trademark law.
The $2.73-billion Together Credit Union says it registered two “Together Credit Union” service marks with the U.S. Patent and Trademark Office in 2020 and has used togethercu.org since 2019. In its lawsuit, the credit union alleges that Transform Credit’s Together Loans name, togetherloans.com website and mobile app confuse consumers seeking financial services. It says it has received hundreds of angry calls, loan applications from people who are not members and a Better Business Bureau complaint related to the alleged confusion. Those are the credit union’s allegations, which the judge accepted as true for purposes of deciding the dismissal motion.
Transform Credit sought dismissal of four counts. Stevens rejected its challenge to the cybersquatting claim at this stage of the case. He also rejected its argument that the credit union needed to register its marks in Missouri to bring the state trademark dilution claim.
Two Claims Dismissed
The judge dismissed the credit union’s federal trademark dilution claim, finding that its allegations did not sufficiently establish the nationwide fame required for that claim. He also dismissed its Missouri trademark infringement claim. Separate unfair competition and federal trademark infringement claims were not at issue in Transform Credit’s dismissal motion and remain in the case.
The credit union filed the lawsuit in St. Louis County court on Feb. 9. Transform Credit moved it to the U.S. District Court for the Eastern District of Missouri in March.
