Common Law Trademark Infringement, Common Law Unfair Competition, Michael J. McShane, State Trademark Dilution, Unfair Competition
The plaintiff in this lawsuit, Westcare, is a Salem, Oregon-based provider of management services to long-term care facilities. Plaintiff claims to have used their “Westcare” mark since 1987. Plaintiff obtained a federal trademark registration in October 2017.
The defendant, Westcare Foundation, is a Nevada non-profit corporation that operates long-term and short-term care facilities, including a veterans’ facility in Salem, Oregon.
The defendant allegedly first began operating in Oregon in June 2012. Plaintiff became aware of the defendant’s Oregon facility in June 2016, and asserts numerous instances of actual consumer confusion.
Plaintiff sent a series of letters requesting that defendant adopt a DBA, with no success, hence this lawsuit. Stay tuned for updates.
Westcare Management, Inc. v. Westcare Foundation, Inc.
Court Case Number: 6:18-cv-00764-MC
File Date: Thursday, May 3, 2018
Plaintiff: Westcare Management, Inc.
Plaintiff Counsel: Randall P. Sutton of Saalfeld Griggs PC
Defendant: Westcare Foundation, Inc.
Causes: Unfair Competition, State Trademark Dilution, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael J. McShane