HealthNow New York filed the lawsuit against VirtualHealthNow’s parent company Community Health Systems Professional Services Corp., a wholly owned subsidiary of Franklin, Tenn.-based Community Health Systems. Julie Snyder, a spokesperson for HealthNow New York, confirmed to The Buffalo News the payer filed the lawsuit to protect its name and its brand but did not offer further comments as the matter is still pending.
The lawsuit contends HealthNow New York has exclusive rights to use the HealthNow name; the company filed a trademark registration in 1998, and it was registered in 2001, according to the report. The lawsuit says CHSPSC filed a trademark application for VirtualHealthNow in July 2015, according to the report.
HealthNow New York alleges VirtualHealthNow infringes on its trademark, allows for unfair competition and potentially deceives consumers as the telehealth services are similar to services the payer offers, according to the report. The payer seeks to block CHSPSC’s trademark application, an injunction stopping CHSPSC from any other trademark infringement or unfair competition, an order to destroy all products and materials that infringe on the payer’s trademark and triple the damages or revenues CHSPSC made through the telehealth platform, according to the report.
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