On Wednesday, Reviv IP and Reviv Management filed a case in the District of Arizona against Revive Health, Inc. for purported trademark infringement of both a registered trademark name and a trademark name and image combination.
Reviv IP and Reviv Management are the trademark holders of the “Reviv” trademark in connection with “hydration clinic services, namely, intravenous hydration, intravenous electrolyte replacement therapy, intravenous vitamin infusion therapy, intravenous free radical reduction therapy, intravenous fluid cleansing therapy, intravenous hangover alleviation therapy, supplemental oxygen therapy, and massage therapy.”
According to the complaint, the company specializes in the use of IV therapy in a spa-like setting, while providing medical benefits. The company has expanded to over 100 retail locations as well as advertising heavily for its services.
The plaintiffs accuse the defendant of having used the trade name of “Revive Tucson” to provide IV therapies of the same nature as those of Reviv, and also using a very similar trademark image. Per the plaintiff, this infringement was knowing and has caused confusion in potential customers. A settlement was entered into between the parties effective on October 6, 2020, however the defendant has continued to use the infringing marks and website images since that date, the complaint noted. The plaintiffs asserted that the defendants have also not responded to cease and desist demands.
The plaintiffs are suing for trademark infringement, unfair competition, and breach of contract. The plaintiffs are represented by Breit Law, P.C.