Sec. 36a-56a. Use of name or trademark of bank or credit union prohibited in commercial advertisements that may mislead consumers. Enforcement action.
Sec. 36a-56a. Use of name or trademark of bank or credit union prohibited
in commercial advertisements that may mislead consumers. Enforcement action.
(a) No person shall use the name or trademark of a bank or any of its affiliates or any
Connecticut credit union or federal credit union, as those terms are defined in section
36a-2, in any commercial advertisement or solicitation for goods, products or services,
where such usage, in the context of such advertisement or solicitation, has the capacity
or tendency to mislead any consumer as to the existence or nature of any affiliation,
connection, association or endorsement relationship between (1) the bank or its affiliates
or such credit union, and (2) such person or the products, goods or services of such
person. For the purposes of this subsection, the term "commercial advertisement or
solicitation" includes the content of an Internet web site and direct mail solicitations.
(b) The commissioner shall enforce the provisions of subsection (a) of this section.
Whenever it appears to the commissioner that any person has violated, is violating or
is about to violate any of the provisions of said subsection (a), the commissioner may
take action against such person in accordance with sections 36a-50 and 36a-52, which
shall include the right to seek injunctive relief, impose civil penalties and issue cease
and desist orders, except that no civil penalty in excess of ten thousand dollars per
violation may be imposed.
(c) Any bank or affiliate of a bank or any Connecticut credit union or federal credit
union that has had its name or trademark used in violation of the provisions of subsection
(a) of this section may, in addition to any other remedy authorized by law, bring an
action in the superior court in the judicial district in which the bank or affiliate or credit
union has a branch or office to enjoin any act in violation of the provisions of said
subsection (a) and recover damages. The court shall award damages in the amount of
the actual damages or ten thousand dollars per violation, whichever is greater. In any
successful action for injunctive relief or for damages, the court shall award to the bank
or affiliate or credit union, as the case may be, attorneys' fees and costs, including
court costs.
(P.A. 05-23, S. 1; P.A. 07-72, S. 3.)
History: P.A. 07-72 amended Subsec. (b) to make a technical change.