David Rich, Julie Green and Megan Deluhery successfully obtained a preliminary injunction on behalf of Commerce Bank prohibiting TD Banknorth from using the name "TD Commerce Bank" in the Boston and Worcester metropolitan areas.
TD Banknorth had announced plans to begin using the name after its recent merger with New Jersey-based Commerce Bancorp. Todd & Weld brought suit on behalf of Commerce Bank, a Massachusetts bank headquartered in Worcester, and on May 2, Judge Saylor of the U.S. District Court in Worcester granted Commerce Bank's motion for preliminary injunction, agreeing that Commerce Bank's mark was worthy of trademark protection and that TD Banknorth's proposed mark was likely to cause confusion. Following a hearing on May 7, Judge Saylor issued an order prohibiting TD Banknorth's use of the proposed mark in Suffolk, Worcester, Middlesex, Norfolk and Essex counties. The injunction prohibits TD Banknorth from renaming its branches, referring to itself using Commerce Bank's mark, using the new mark on the TD Banknorth Garden, or advertising under the new mark within Commerce Bank's market, pending a trial on the merits.