On Friday a case was filed in the Eastern District of Pennsylvania by Axiva Health Solutions against Infusion Center of Pennsylvania. The case is regarding the use of a trademarked name.
Axiva is a nationwide company with centers in many states including Pennsylvania. Axiva has trademarked several variations on its name, including: the Standard Character AXIVA Mark, the Standard Character AXIVA INFUSION CENTERS Mark, the Standard Character AXIVA HEALTH SOLUTIONS Mark, and the Stylized AXIVA Mark. Per the plaintiff significant monetary, advertising, and goodwill resources have been expended in establishing the mark in traditional, email, and social media platforms.
The plaintiff accuses the defendants, who are in close proximity to the established Axiva centers in Pennsylvania, of deliberately adopting a similar name, AVITA and AVITA infusion centers. This similar name, per the plaintiff, causes consumer confusion and rides off of the goodwill established for Axiva. The plaintiff also notes that the new name was chosen after a former Axiva employee departed and started working for the defendants.
The plaintiffs are suing for federal and state trademark infringement and unfair competition. The plaintiffs are represented by Royer, Cooper, Cohen, Braunfeld LLC.
