EAST ST. LOUIS — A walk-in healthcare clinic is suing a local hospital's express clinic for alleged trademark infringement resulting in unfair competition.
Midwest Medical and Occupational Services SC filed a complaint on April 13 in the U.S. District Court for the Southern District of Illinois against SSM Healthcare, which owns and operates Good Samaritan Hospital, and SSM Health Express Clinic, alleging they violated the Illinois Trademark Registration and Protection Act and Lanham Act.
According to the complaint, the plaintiff alleges that on Sep. 8, 2014, it registered the name Express Care of Mt. Vernon as a trademark/service mark with the Illinois Secretary of State.
The defendants later opened for business near its clinic and changed the facility's name to SSM Health Express Clinic, which caused confusion to walk-in patients, the suit claims.
The plaintiff alleges the defendants failed to stop the ongoing use of plaintiff's service mark even after being notified and failed to changed their service name to avoid actual confusion to healthcare consumers and the public.
The plaintiff requests a trial by jury and seeks judgment for all damages, compensation, costs, attorney fees, pre- and post-judgment interest and such other relief as the court deems just.
The plaintiff is represented by Curtis L. Blood in Collinsville.
U.S. District Court for the Southern District of Illinois case number 3:17-cv-00388