March 5 (Reuters) - The North Carolina lender that
bought much of Silicon Valley Bank following its March 2023
seizure was sued for trademark infringement on Wednesday by the
collapsed bank's former parent.
SVB Financial Trust said First Citizens BancShares
never acquired or got permission to use the Silicon Valley Bank
name, chevron logo, svb.com domain name and "Make Next Happen
Now" slogan when it bought many of the bank's assets at a
discount, in a transaction arranged by the Federal Deposit
Insurance Corp.
The lawsuit in San Francisco federal court seeks to reclaim
SVB's marks, and obtain damages and royalties to distribute to
creditors. SVB emerged from Chapter 11 bankruptcy in November.
In a statement, Raleigh, North Carolina-based First Citizens
said it acquired the SVB brand assets, including the trademarks
and domain name, from the FDIC in March 2023, and will defend
its ownership in court.
SVB is also suing the FDIC to recover $1.93 billion of
deposits it claims the agency seized illegally.
Silicon Valley Bank failed in the wake of a bank run spurred
by worries about capital levels, after rising interest rates
caused big losses in its bond and mortgage portfolio.
Its $209 billion of assets made the collapse one of the
largest in U.S. banking history, and disrupted many technology
startups.
In its complaint, SVB noted that acquirers of failed banks
often stop using failed banks' names because consumers view
those names negatively.
It cited JPMorgan Chase's ( JPM ) retiring the First
Republic Bank name after that bank, which also catered to
Silicon Valley, was seized less than two months after Silicon
Valley Bank.
JPMorgan ( JPM ) also jettisoned the Washington Mutual name after
buying much of that savings and loan, which had $307 billion of
assets when it failed in 2008.
SVB said First Citizens may have felt differently because it
had little presence in California and no experience running a
business like Silicon Valley Bank.
To avoid having to expand organically or market its
unfamiliar name, First Citizens "chose to tap into Silicon
Valley Bank's historic position as the industry leader for
banking services in the innovation economy," the complaint said.
First Citizens' share price has more than tripled since the
Silicon Valley Bank takeover.
The case is SVB Financial Trust v First Citizens Bank &
Trust Co, U.S. District Court, Northern District of California,
No. 25-02267.