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Judge OKs Worcester bank's request over TD Bank name change

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May 2, 2008

WORCESTER, Mass.—A judge has temporarily granted a Worcester bank's request to prevent TD Bank from using the name "TD Commerce Bank" in Massachusetts.

U.S. District Court Judge F. Dennis Saylor granted a preliminary injunction sought by Commerce Bank & Trust Co. in a trademark infringement lawsuit. An attorney for the bank, David Rich, said TD Bank is barred from using the new name in Massachusetts for now, pending a trial or a possible appeal.

Commerce Bank & Trust worries its customers will be confused if TD Bank is allowed to use the name TD Commerce Bank as a result of a merger. Toronto-based TD Bank Financial Group, parent company of Maine-based TD Banknorth, recently completed an $8.5 billion acquisition of New Jersey-based Commerce Bancorp.

Commerce Bank & Trust has 12 branches and has operated in Massachusetts since 1955.

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