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