Beruflich Dokumente
Kultur Dokumente
vs.
corporation with a principal place of business located at 6550 Carothers Parkway, Suite 100,
Franklin, Tennessee 37067. YCUs registered agent is The Corporation Trust Company, located
at the Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. YCU was
incorporated as a Delaware corporation on or around January 8, 2015.
3.
corporation with a principal place of business located at 6550 Carothers Parkway, Suite 100,
Franklin, Tennessee 37067. Medhosts registered agent is The Corporation Trust Company,
located at the Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.
4.
Delaware corporation with a principal place of business located at 6550 Carothers Parkway,
Suite 100, Franklin, Tennessee 37067. Medhost Solutions registered agent is The Corporation
Trust Company, located at the Corporation Trust Center, 1209 Orange Street, Wilmington, DE
19801.
5.
Upon information and belief, YCU, Medhost and Medhost Solutions are all
the trademark laws of the United States, 15 U.S.C. 1114 et. seq., and the common law.
8.
The court has subject matter jurisdiction under 28 U.S.C. 1338 (a) and (b) and
9.
10.
Upon information and belief, the court has personal jurisdiction over Defendants
1367.
because they transact business in the State of Wisconsin, and their actions in this State give rise
to the claims in this lawsuit.
EPICS TRADEMARK RIGHTS
11.
Epic is one of the leading healthcare IT companies in the United States, with
hundreds of healthcare providers, facilities, agencies and organizations using its software
solutions and services.
WHD/12097067.3
12.
Epic markets several software solutions widely used in the healthcare industry,
including an electronic health record (EHR) system, mobile apps to improve patient
engagement between providers and patients, and several solutions to provide safe and secure
access to electronic medical records by providers, referring providers and patients.
13.
For example, in November 2015, more than 20,602,000 medical records were transferred from
one healthcare facility, hospital or provider to another using Epics CARE EVERYWHERE
software.
15.
Epic owns U.S. Trademark Registration No. 2,964,155 for the CARE
EVERYWHERE mark used in connection with software for use in the healthcare field, namely
software for entering, storing, editing, organizing, integrating, synchronizing, processing,
accessing, managing, communicating and sharing data to, from, across and among multiple
separate information systems, including heterogeneous systems, and user manuals and
documentation packaged with such computer software, in International Class 9 (the
Registration). A copy of the Registration is attached as Exhibit A. The Registration was
issued by the United States Patent and Trademark Office (USPTO) over ten years ago, on
June 28, 2005. The CARE EVERYWHERE mark has been in continuous use since that time,
and the Registration is incontestable.
WHD/12097067.3
16.
Epic has used the CARE EVERYWHERE mark in interstate commerce since at
least as early as February 22, 2004. During that time Epic has continuously used its CARE
EVERYWHERE mark in interstate commerce in connection with its proprietary software.
17.
Epic has developed substantial good will in its CARE EVERYWHERE mark, and
the mark has become widely known by the general public as a source identifier relating to Epic.
18.
and the substantial investment Epic has made in the mark, the CARE EVERYWHERE mark is a
valuable asset that represents substantial good will.
BACKGROUND
19.
Upon information and belief, Medhost and Medhost Solutions provide software
and related services to healthcare facilities across the nation. Such services include an EHR
software solution.
20.
Defendants and Epic are direct competitors that provide the same or closely
22.
platform to healthcare facilities, hospitals and/or providers, which consists of a patient portal,
data analytics and a consumer relationship management tool, all offered as cloud-based software
services or SaaS (the Consumer Engagement Platform). In the industry, SaaS refers to
Software as a Service.
23.
YCUs patient portal enables patients or users to access, view and/or download
certain personal health information, including medical records, and share it with other healthcare
providers.
WHD/12097067.3
24.
Medhost and YCU each promote the Consumer Engagement Platform services in
interstate commerce.
25.
On January 16, 2015, YCU filed an intent-to-use application with the USPTO for
WHD/12097067.3
29.
From April 12 16, 2015, Defendants attended the annual Health Information and
Management Systems Society Conference and Exhibition, which was held in Chicago, Illinois
(the HIMSS Conference). The HIMSS Conference is the largest health IT conference in the
industry, with over 38,000 people attending the conference in 2014.
30.
At the HIMSS Conference, Defendants presented and exhibited its new Consumer
mark and marketing activities at the HIMSS Conference, Epic contacted the General Counsel of
Medhost in April 2015 and notified Defendants of its prior rights in the CARE EVERYWHERE
mark. Epic demanded Defendants refrain from using the YOURCAREEVERYWHERE mark in
connection with healthcare software and related services.
32.
Defendants refused to comply and continue to use and market its software
YCU then filed an amendment to the Application with the USPTO on May 7,
2015, to delete certain services, with the remaining services listed as follows:
Providing non-downloadable computer software through a web
based portal for consumers to access medical, healthcare and
health enhancement information and educational resources,
including electronic publications, information on chronic diseases,
health news, articles about health and wellness, medical reference
material, consumer-driven query capability for symptom checkup,
pharmacy information, medical news, and interactive tools for
helping patients manage their health.
34.
services to the market on or around April 2015, approximately 50 facilities or hospitals have
engaged or contracted with one or more of the Defendants to provide a patient portal under the
YOURCAREEVERYWHERE mark and/or create customized profile pages on the
YOURCAREEVERYWHERE website.
WHD/12097067.3
35.
YOURCAREEVERYWHERE mark are closely related to Epics software sold under the CARE
EVERYWHERE mark.
36.
situation where two parties use a very similar mark for software and related services.
37.
Epic. Epic has not authorized Defendants to use any mark that incorporates or is confusingly
similar to its CARE EVERYWHERE mark.
38.
rights in and to the CARE EVERYWHERE mark when Defendants started using the
YOURCAREEVERYWHERE mark.
39.
cause confusion concerning the source, sponsorship or affiliation between Epic and Defendants
and the parties respective goods and services.
40.
43.
Epic restates and realleges each of the allegations set forth in the preceding
WHD/12097067.3
44.
Epic owns a registration and has common law rights in and to the CARE
EVERYWHERE mark.
45.
46.
commerce.
47.
Unless and until it is enjoined by this Court, Defendants conduct is causing, and
will continue to cause damage and irreparable harm to Epic, to which there is no adequate
remedy at law.
COUNT II COMMON LAW UNFAIR COMPETITION
50.
Epic restates and realleges each of the allegations set forth in the preceding
52.
Epic restates and realleges each of the allegations set forth in the preceding
WHD/12097067.3
54.
Defendants have intentionally and willfully infringed and acted with reckless
Epic seeks enhanced and punitive damages due to Defendants intentional and
willful infringement of Epics trademark and reckless disregard of Epics trademark rights.
59.
To the fullest extent permitted under equity and law, Epic also seeks permanent
injunctive relief enjoining Defendants from continuing their unlawful, unfair and infringing
practices.
JURY DEMAND
60.
Epic hereby demands trial by jury of all claims pursuant to Fed. R. Civ. P. 38.
PRAYER FOR RELIEF
1.
Epic asks that Defendants be required to appear, answer and stand trial, and for
containers, labels, signs, prints, packages, wrappers, advertising, promotional materials or the
WHD/12097067.3
like in the possession of Defendants and their customers and licensees bearing any kind of
indicia in volition of 15 U.S. C. 1114 and/or 1125.
C.
D.
E.
F.
G.
H.
Any other remedy to which Epic may be entitled under law and equity.
WHD/12097067.3
10