“named "worst credit card in America" by Consumer Reports in 2010”
Deserves a statue, or recognition of some kind
First Premier Bank, notorious for its high-cost credit cards, is suing a credit card comparison site and the site's owner, because the site refuses to take down data on the rates and fees charged on First Premier credit cards. Saying that publication of this data constitutes trademark infringement, First Premier sued CardHub and its owner Odysseas Papadimitriou for $5 million in April.
In a recent legal response, Papadimitriou and CardHub contend that First Premier's suit is aimed at silencing critics and making it harder for consumers to comparison shop. Saying the suit is about First Amendment rights, not trademarks, CardHub's legal response reads, "if suits like First Premier's are allowed to proceed, any company dissatisfied with a bad review of its products or services -- whether in a website, or in a printed newspaper or magazine -- would be able to bring an infringement action to halt publication of the unwanted review."
"This lawsuit is a transparent attempt to keep consumers in the dark, and it raises troubling First Amendment issues," said Deepak Gupta, the attorney representing CardHub in a prepared statement. "The trademark laws are about ensuring fair competition; they don't entitle companies to censor critical commentary online."
First Premier Chief Executive Miles Beacom failed to return a reporter's phone calls. However, the company has said in previous statements to the media that it needs to "retain control" of its product.
CardHub notes that data about the rates and fees charged by First Premier, named "worst credit card in America" by Consumer Reports in 2010, do not appear in graphic credit card comparisons on any other site, causing Papadimitriou to speculate in legal filings that his site is not the only one being intimidated by First Premier. Ted Rossman, a spokesman for CreditCards.com, acknowledged that his site removed the data at First Premier's request. Bill Hardekopf, CEO of LowCards.com says his site doesn't list First Premier because the company does not provide automated updates of rates and fees.
A sub-prime credit card issuer argues that publication of its rates and fees constitutes trademark infringement
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