Fort Wayne, Indiana – Trademark attorneys for Medical Informatics Engineering, Inc., of Fort Wayne, IN, have initiated litigation alleging Mitochon Systems, Inc., of Newport Beach, CA, has infringed the following trademarks, as registered with the U.S. Trademark Office in connection with computer software and services generally relating to medical records and information: Trademark Registration No. 3,516,923 for the mark MINIMALLY INVASIVE; Trademark Registration No. 3,516,922 for the mark MINIMALLY INVASIVE EHR; and Trademark Registration No. 3,516,921 for the mark MINIMALLY INVASIVE EMR.
The plaintiff is a developer of software for the health care industry, while the defendant is a competitor offering electronic medical records services over the Internet. The complaint states that the defendant sells its services and related products under the confusingly-similar marks MINIMALLY INVASIVE HEALTHCARE NETWORK, MINIMALLY INVASIVE EMR, and MEMR. Trademark infringement, false designation of origin, and unfair competition are the asserted causes of action.
Practice Tip: A trademark owner may use surveys to establish that consumers are likely to be confused by an allegedly-infringing mark.Complaint – Medical v. Mitochon
Further information about this case is as follows:
Filed: April 2, 2010 as 1:2010cv00097 Updated: April 8, 2010 03:44:53
Plaintiff: Medical Informatics Engineering Inc
Defendant: Mitochon Systems Inc
Presiding Judge:Theresa L Springmann
Referring Judge:Roger B Cosbey
Cause Of Action: Trademark Infringement