On Thursday, Alexian Brothers-AHS Midwest Region Health Co. filed a complaint against Amita Laboratory, Worldwide Travel USA, Inc. and Anoop Mamtani in the Northern District of Illinois alleging trademark infringement.
According to the complaint, the Alexian Brothers-AHS Midwest Region Health Co. is an Illinois not-for-profit corporation doing business as AMITA Health. The plaintiff states that AMITA Health represents one of the largest hospital systems in Illinois, and it provides healthcare and related services. The complaint states that the plaintiff is the owner of several “ AMITA Health Trademarks” registered with the USPTO including AMITA, AMITA HEALTH and AMITA HEALTH IN SICKNESS AND IN HEALTH.
The complaint states that the defendant Amita Laboratory is an Illinois corporation filed under the name Being Human Medical Inc., but has the assumed name Amita Laboratory according to the Illinois Secretary of State. Additionally, the complaint states that defendant Worldwide Travel USA, Inc. is an Illinois corporation and the registrant of the infringing domain amitalabrotory.com. The complaint further alleges that the defendant Anoop Mamtani is a resident of Illinois and the president and sole proprietor of both Worldwide Travel USA, Inc. and Amita Laboratory. The plaintiffs allege that the three defendants are alter egos of one another and operate the infringing domain.
The plaintiff purports that the defendants have been using the AMITA Health Trademarks on their website and Facebook page in connection to their healthcare services which include COVID testing and medical screening, services which are also offered by the plaintiff. According to the plaintiff, on September 21 and 29, 2021, the plaintiff sent the defendants cease and desist letters notifying the defendants of their infringement of the AMITA Health Trademarks and requesting they stop all infringing activity. The complaint states that the defendants have not responded to the cease and desist letter as of filing the complaint.
On November 22, 2021, the plaintiff states that it became aware that the defendants had opened a physical laboratory in Illinois which prominently displays the AMITA mark on its store front. The plaintiff argues that the defendants are clearly using the AMITA Health trademarks to divert and confuse the public by trading off the established goodwill of the plaintiff.
The plaintiff argues that the defendants’ unauthorized use of the AMITA Health trademarks is likely to cause consumer confusion and will cause consumers to believe that the defendant’s services are genuine AMITA Health services, the defendant’s services are endorsed or authorized by the plaintiff and/or the plaintiff has licensed its AMITA Health trademarks to the defendant. Further, the plaintiff argues that any negative event associated with the defendant’s use of the AMITA Health trademarks would severely damage the plaintiff’s reputation and cause immeasurable and irreparable injury due to the critical nature of healthcare services.
In the complaint, the plaintiff alleges federal trademark infringement, common law trademark infringement, unfair competition and false designation of origin, violation of the Anticybersquatting Consumer Protection Act and violation of the Illinois Uniform Deceptive Trade Practices Act.
For the alleged violations, the plaintiff seeks injunctive relief, transfer of ownership of the infringing domain, disgorgement of all realized profits by the defendant, compensatory and punitive damages and payment of cost and attorneys’ fees. The plaintiff is represented by Barnes & Thornburg LLP.
