Plaintiffs, Puerto Rico-based financial institutions offering commercial banking services, sought a preliminary injunction prohibiting defendant, a Puerto Rico-based nonprofit banking institution that offered services similar to plaintiffs’, from using its current mark and dress.
Plaintiffs used the term “Oriental” in connection with their businesses, services and products for decades; registered various versions of the term with the Puerto Rico Department of State Trademark Registry; and in 2010 applied to both that office and the U.S. Patent and Trademark Office to register “Oriental” for exclusive use in financial and banking services. Plaintiffs also prominently used the color orange in their advertisements.
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