Tags
Common Law Trademark Infringement, Common Law Unfair Competition, Federal Unfair Competition, Michael H. Simon, Unjust Enrichment
The plaintiff in this trademark lawsuit has been using the unregistered THERAPIA trademark for 7 years in connection with alternative medical services such as acupuncture, chiropractic therapy, massage, fertility consultation and treatment, and herbal medicine. Therapia operates in Portland, Oregon and promotes its services via its website, http://www.therapiaclinic.com.
The defendant, Therapydia Inc., is a national network of physical therapy and wellness clinics. Therapydia has locations in Portland, Beaverton, and Lake Oswego. Therapydia provides traditional (vs. alternative) medical services.
The Plaintiff first learned of Therapydia in mid-2016, and alleges instances of actual confusion beginning in January 2018, “with many patients calling Therapia to schedule appointments with Therapydia and consumers mistaking Therapydia advertisements for Therapia advertisements.”
This trademark case should be interesting. Stay tuned for updates.
Therapia P.C. v. Therapydia, Inc.
Court Case Number: 3:18-cv-909
File Date: May 24, 2018
Plaintiff: Therapia, P.C.
Plaintiff Counsel: Elizabeth Tedesco Milesnick, Andrea Selkregg of IDEALEGAL
Defendant: Therapydia, Inc.
Causes: Federal Unfair Competition, Common Law Trademark Infringement, Unjust Enrichment, Common Law Unfair Competition
Court: District of Oregon
Judge: Michael H. Simon
Complaint:
Both parties operate in Portland, Oregon and the surrounding areas. The complaint (below) alleges numerous instances of actual confusion among suppliers, advertisers, customers and others.
in 2010. The following year, in July 2011, the city registered its trademark with the state of Oregon. It appears that the City started
trademark application. The recitation of services in the state trademark registration (as shown above, and on p. 9 of the Complaint below) is awkward. The only good or service listed on the application is, “The sign is a visual icon associated with Portland, and is seen all over the world when major events come to Portland.” In the space available to explain the mode or manner in which the mark is used, the City of Portland simply wrote, “An historical landmark of Portland, Oregon.” Vintage Roadside is alleging that the City of Portland was not using the mark in connection with the sale of goods and services and falsely certified that the mark was in use.
Oregon Intellectual Property Blog 