A federal judge on March 1 dismissed a trademark lawsuit brought by New York City-based NYU Langone Health System and NYU Langone Hospitals against New Hyde Park, N.Y.-based Northwell Health regarding the use of the color purple and other elements in Northwell's marketing and advertisements, according to court documents shared with Becker's.
NYU Langone sued Northwell in June 2023 alleging that Northwell had identical advertisements as NYU Langone and used similar accent colors and fonts that NYU Langone said it has traditionally used for many years. NYU also accused Northwell of false advertising related to an ad citing a Northwell hospital's rank on a Healthgrades list that claimed the hospital was the only top 50 hospital in New York City, along with another ad that claims Northwell offers the best care in Manhattan.
The lawsuit claimed Northwell copied NYU Langone's advertising "to trade off the goodwill and reputation of NYU Langone," according to court documents. NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York General Business Law.
In August 2023, Northwell filed a motion to dismiss the lawsuit, claiming that NYU Langone failed to identify with specificity "what it claims to own and how Northwell has infringed its alleged rights."
Valerie Caproni, district judge of the U.S. District Court for the Southern District of New York, granted the motion in part with prejudice and in part without.
"Even among ads that are predominantly purple, the shade of purple varies; some have all-cap white writing; some have all-white sentence case writing; and some have a mix of white and other color writing," the judge wrote in her decision. "The court cannot ascertain specific fonts, colors, or headline styles from NYU Langone's description of its trade dress."
She dismissed two counts, asserting claims for false advertising under the Lanham Act and the NYGBL, with prejudice "for failure to state a claim," because the claims about the Northwell hospital being the only hospital in New York City on the Healthgrades list are not "literally false," and the claims about offering the best care in Manhattan are subjective and can't be proven. However, she dismissed the remaining claims without prejudice, allowing for NYU Langone to file an amended complaint about the alleged similarities in marketing materials.
"We are pleased the court recognized that NYU Langone may have an actionable claim against Northwell's imitation of NYU Langone's distinctive advertising and look forward to providing the court with greater detail," NYU Langone spokesperson Steve Ritea said in an email shared with Becker's.
"The striking side-by-side comparisons continue to demonstrate how Northwell is attempting to confuse the public by capitalizing on our unmatched reputation for exceptional quality and safety outcomes, which is a disservice to patients seeking the best care."
Northwell shared the following statement with Becker's on March 2: "Yesterday, a judge dismissed NYU Langone's unfounded trademark lawsuit regarding the use of the color purple and other elements in Northwell Health's marketing and advertisements. Furthermore, the judge also dismissed NYU Langone's false advertising claims — with prejudice. While we are pleased by these rulings, we are disappointed in NYU Langone's continuing waste of resources and funds and diverting the attention of the communities we both serve with such baseless allegations.
"Northwell Health has a very distinct and bold advertising style. We continue to push and challenge traditional health care marketing through our purpose-driven marketing. We pride ourselves on tackling the most controversial and biggest issues facing our communities, like gun violence and Black maternal health and we will continue to improve the health and quality of life of the communities we serve through world-class service and patient-centric care."