Express care wording fails distinct test

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 4, 2019 9:11 AM

In the case of “Express Care” vs. “Express Clinic,” Midwest Medical and Occupational Services (which operates an urgent-care facility called “Express Care of Mt. Vernon”) sued SSM Health Care Corp. (the owner of a competing clinic in downstate Mount Vernon, named “SSM Health Express Clinic”) for allegedly violating the Lanham Act by infringing on its trademark.The first question for U.S. Magistrate Judge Reona J. Daly was whether Midwest Medical’s trademark &mdash …

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