A South Carolina credit union has asked Vermont regulators notto include the “Every Day is Bank Transfer Day” brand in theongoing fray over use of the words “bank” and “banking” in the NewEngland state.

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An attorney for the $1.3 billion South Carolina Federal CreditUnion in North Charleston, S.C., said Monday that he spoke with aVermont regulator who told him that any legal opinion on the matterwould have to come from Steven Kimbell, commissioner of the state'sDepartment of Financial Regulation.

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Kimbell is planning to hear arguments later this month on hisproposed bank-backed cease-and-desist order that would stop the $600million Vermont State Employees Credit Union from using the words“bank” and “banking” in its marketing.

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The South Carolina credit union, along with that state's league and CUNA, began pushing “Every Day is BankTransfer Day” as a marketing brand after last November's BankTransfer Day initiative.

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Scores of credit unions across the country have begun using thetrademarked slogan but it is unclear if any are in Vermont.

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Troy Hall, chief operations officer at South Carolina Federal,said users of the “Every Day” brand wanted to ensure the brand canbe used in Vermont and elsewhere.

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“After reading the latest press and editorials on what is goingon in Vermont, we realized that credit unions already have arecognized trademark out there that speaks exactly to this issueand so our goal is to make sure that others know it as well,” Hallsaid.

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The credit union's attorney, William Cannon, an intellectualproperty specialist with Parker Poe in Raleigh, N.C., said Mondaythat his conversation was with Thomas Candon, DFR deputycommissioner.

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“I had a very nice conversation with Candon on Friday buthe said any legal opinion on 'Every Day Is Bank Transfer Day' wouldhave to come from the commissioner himself,” Cannon said.

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He also said that Candon expressed his dismay that credit unions“felt being attacked” but that the state's prime concern remains onVESCU calling itself a “banking cooperative.”

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Kimbell has scheduled a preliminary conference on Aug. 22 with a full hearing expectedto follow about a week later. VSECU has been joined by theAssociation of Vermont Credit Unions and CUNA in objecting to theproposed order.

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