The StayWell Company, headquartered in Yardley, Pennsylvania, filed a
trademark infringement lawsuit today in United States Federal Court
against Houston-based RediClinic, LLC.
The suit seeks injunctive relief, monetary damages, and an accounting of
profits.
“We regret that a lawsuit has become necessary,”
states James H. “Hal”
Higby, StayWell group president. “StayWell has
done everything possible to avoid litigation, but RediClinic has given
us no alternative. We have been in business for more than thirty years
and have worked diligently to establish the nationwide brand recognition
we presently enjoy. We cannot and will not allow the overreaching
marketing efforts of RediClinic to infringe upon our good name and
reputation.”
StayWell owns nine registered marks and several pending registrations
protecting its brand, and the United States Patent and Trademark Office
has thus far refused registration of similar marks resembling the
StayWell mark.
In 2005, StayWell became aware that RediClinic (then operating under the
name InterFit Health LLC) was using its StayWell mark in its advertising
and on its website. StayWell sent a cease and desist letter requesting
that the company cease any and all use of the StayWell mark. Although
RediClinic did not formally respond to the request, it appeared that
they complied with the cease and desist request until 2007, when
StayWell became aware that RediClinic was using the mark once again.
Recently, StayWell has learned that RediClinic is using the StayWell
mark as part of its service offerings in a business arrangement with one
of the nation’s largest retailers.
“It appears that StayWell must seek legal
redress to resolve this matter once and for all,”
Mr. Higby asserts. “If we fail to protect our
hard-earned reputation, it is clear that others will stop at nothing to
usurp it for their own benefit.”
Since before 1978, StayWell and its affiliated companies have provided
innovative, cost-effective solutions to its customers –
hospitals, providers, health plans, employers and pharmaceutical
companies – including versatile,
results-oriented health management strategies designed to improve the
lives of individuals across the health continuum. StayWell reaches more
than 50 million consumers each year at multiple touch points.
StayWell, through its StayWell Health Management division, delivers
comprehensive, tailor-made health management solutions to large
employers including health assessment, lifestyle management,
behavior-based health coaching, biometric screening components, and
cultural support programs. As a result, StayWell has become a recognized
leader in providing scientific evidence of program effectiveness in
improving health and productivity and delivering a robust return on
investment (ROI).
StayWell products and services have enabled its customers to win
numerous awards and recognitions, including an unprecedented number of
wins of the prestigious C. Everett Koop National Health Award and WELCOA
Well Workplace awards -- benchmarks for program quality and outcomes.
The StayWell Company provides a broad range of product and service
offerings designed to educate patients and consumers and promote
behavior change. StayWell improves communication among payors, providers
and patients, and delivers comprehensive health management solutions and
services to help employers and organizations maximize business results.
The company has more than 700 employees based nationwide. www.staywell.com.
StayWell Health Management is a business unit of The StayWell Company. www.staywellhealthmanagement.com.
The StayWell Company is a subsidiary of MediMedia USA, Inc.
headquartered in Chatham, NJ. www.medimedia.com
StayWell is Registered in the United States Patent and Trademark Office.
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