The Herald, Sharon, Pa.

Business

September 18, 2008

FNB sues N.Y. bank over ‘Metropolitan’ trademark

By Joe Pinchot

MERCER COUNTY — FNB Corp. has sued a New York bank claiming it has infringed upon FNB’s trademark of the “Metropolitan National Bank” and “Metropolitan” marks.

FNB, based in Hermitage, filed the trademark infringement and unfair competition charges in a suit filed against Metropolitan National Bank of New York, N.Y., in U.S. District Court, Pittsburgh.

A message left with Metropolitan’s corporate office was not returned.

FNB bought the former Metropolitan National Bank of Youngstown, but merged Metropolitan into First National Bank in 2002, and all former Metropolitan branches are named First National Bank. The company called the moves a “rebranding.”

In the suit, FNB said it has used the marks since “at least 1997” and “most recently” in 2007, and has spent millions of dollars promoting the marks as part of its commercial activities and branding strategy.

Metropolitan National Bank of New York has three Manhattan offices and is soon to open one in Brooklyn, according to the bank’s Web site. FNB has more than 200 bank branches in Pennsylvania alone.

FNB said Metropolitan’s use of “Metropolitan National Bank” and “Metropolitan” are “confusingly similar” and “virtually indistinguishable” to FNB’s federally registered trademarks. FNB also said the New York bank offers some of the same banking services as FNB.

FNB claimed it has lost profits, goodwill and reputation because of the New York bank’s use of the Metropolitan marks, but has yet to put a dollar figure on the loss.

FNB is seeking a court injunction ordering the New York bank to stop using the marks, and the awarding of damages.

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