On March 7, 2010, David H. Rich was quoted in a Worcester Telegram & Gazette article entitled, “Use of Web Complicates Name Suit.” The article discussed trademarks, geographical market area, and the impact that the internet has had on disputes regarding trademarks.
Mr. Rich successfully represented another Worcester entity, Commerce Bank & Trust Co., in a 2008 suit to stop TD Banknorth Inc. (which had acquired Commerce Bankcorp Inc. of New Jersey), from using the name TD Commerce Bank in Massachusetts. “The issue in all of these cases tends to turn on confusion,” Mr. Rich said. “Will the ultimate end consumer associate one store with the other, or confuse one store with the other? In that regard, it is important geographically where these stores are located, but what is more important is how their customers get the goods and services.”