Primelending is suing a Michigan-based competitor for trademark infringement and is now seeking monetary damages and a permanent injunction to halt the use of their name.
PrimeLending filed the lawsuit in a district court in Texas against Prime Home Lending, claiming that the lender using a similar name to market their business has caused "confusion in the marketplace and reputational harm".
The lawsuit alleges that PrimeLending fielded numerous complaints from consumers who, due to aggressive telemarketing tactics, incorrectly attributed the nonstop calls to the company. After investigating, PrimeLending found that the callers were representing Prime Home Lending.
Founded in 1986, PrimeLending, has been using its name since 2003 in connection with its financial services in mortgage lending, planning, and refinancing. The trademark has been registered under the United States Patent and Trademark Office since 2017 and 2018 for different services.
According to the suit, however, Prime Home Lending only began promoting their services using the name in 2024, using the name on their website and social media pages.
Before filing the suit, PrimeLending sent Prime Home Lending an infringement letter informing them of wrongful use.
"To date, despite acknowledging receipt of Plaintiff's letter, Defendant has refused to stop using the confusingly similar PRIME HOME LENDING Mark," the attorneys wrote.
PrimeLending claims that they violated sections of the Lenham Act and Texas Common Law for trademark infringement as well as a Texas state law claim for injury to business reputation.
Hilltop Holdings Inc., the parent company of PrimeLending and trademark, said they will not comment on active litigation. Prime Home Lending did not respond to our request for comment.
PrimeLending has 25,147 loan originations and reported a pretax loss of $2.4 million for the
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