Comerica Inc. v. 5th Third Bankcorp, 282 F. Supp. 2d 557 (E.D. Mich. 2003)

Comerica Inc. v. 5th Third Bankcorp, 282 F. Supp. 2d 557 (E.D. Mich. 2003)

COMERICA Incorporated, an effective Delaware company, Plaintiff, v. 5th Third BANKCORP, a financial holding team, Fifth 3rd Bank, an effective Michigan charter financial, and you can Fifth Third Bank, an ohio constitution lender, Defendants.

This might be a trademark situation saying infringement when you look at the ticket away from part 43 of one’s Lanham Trading- Act), 15 You.S.C. 1125(a) and you can Yards.C.L.An excellent. 429.4(a).

Plaintiff Comerica Incorporated (Comerica) is a professional lender payday loans Borrego Springs based inside Detroit, Michigan having a major presence on the all the way down half of the latest all the way down peninsula away from Michigan. Additionally works in 2 other states. Defendants Fifth 3rd Bankcorp, Fifth Third Lender, an excellent Michigan rent bank, and you will Fifth Third Lender, an ohio rental Lender (along, Fifth 3rd) are a professional financial based in Cincinnati, Ohio that have a serious exposure regarding all the way down peninsula from Michigan. it operates from inside the 7 almost every other Midwestern says.

A property collateral financing device is generally an adaptable type of borrowing from the bank safeguarded because of the borrower’s equity about borrower’s home as a consequence of a second financial.

Comerica filed fit into ages. Towards , the fresh Judge stored a hearing toward Comerica’s action for a primary injunction. By the incorrect belief at the conclusion of the newest hearing you to definitely Fifth 3rd pirated making use of FLEXLINE upon arriving at Michigan specific 2 years shortly after Comerica first started the play with, this new Court issued a preliminary in the.

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