PENINSULA COMMUNITY HEALTH SERVICES

vs

OLYMPIC PENINSULA HEALTH SERVICES

OLG Kathleen Ryan and co-counsel David Lowe of Lowe Graham Jones, prevailed in a trademark infringement suit against its client, Olympic Peninsula Health Services (“OHPH”) over alleged consumer confusion asserted by Peninsula Community Health Services (“PCHS”) in the U.S. District Court, Western District of Washington.

After a 4-day bench trial, U.S. District Court Judge Benjamin H. Settle found that the parties brand names and logos were “notably” different and dismissed plaintiff PCHS’s claims.  The Court found that PCHS failed to establish that its asserted marks acquired secondary meaning or that consumers would be confused by OPHS’s brand.

As reported to Law360: “We are extremely pleased with the Court’s decision after trial, confirming both the weakness of Peninsula Community Health Services’ descriptive marks as well as the priority of Olympic Peninsula Health Services’ use of its marks. Resolution of this dispute allows Olympic Peninsula Health Services to continue to act as a safety net to provide critical life-saving substance use treatment services to Western Washington.”  

See: https://law.justia.com/cases/federal/district-courts/washington/wawdce/3:2020cv05999/290472/32/