In Monday, a case was filed in the Northern District Court of Illinois by Thrive Senior Living, LLC against Innovative Health, LLC concerning the use of a trademark in the senior living, rehabilitation, and Alzheimer’s care market.
In this case, Thrive Senior Living LLC operates independent living, assisted living, and memory care communities under the name and marks for “Thrive Senior Living” including the words and a stylized version. It claimed that the defendant’s use of the phrase breached trademark laws and caused confusion among consumers.
The plaintiff reportedly used these marks in the course of business since 2012, expanding their chains through thirteen states, and has registered the marks with the Trademark office under registration numbers 5,640,126 and 5,640,127. The plaintiff is currently expanding into the Chicago area, and using the trademark for commerce there.
The defendant reportedly began using the mark “THRIVE” in the same line of business in the Chicago area in 2020 and has also used the related domain name http://www.thriveahead.com/. The plaintiff submitted a letter notifying the defendants of the conflicting marks and demanding the defendant cease the use, but the defendant has not responded and has continued using the mark leading the plaintiff to file these claims.
The plaintiff is suing for direct trademark infringement and unfair competition. The plaintiff is represented by the firm of Mandell Menkes.