The American manufacturer of electronic medical records Allscripts In the United States District Court for the District of Delaware CarePortMD Trademark infringement. Allscripts Call it 2013 years 1 The United States Patent and Trademark Office (USPTO) granted "CarePort" trademark. 2016 years, Allscripts acquisition CarePort Health, The latter is a software company that connects providers and payers of first aid and post-emergency services. Allscripts Said when the lawsuit was filed, Its plan is to CarePort Health Nursing coordination business to 13 $100 million to a healthcare software solution provider WellSky. In the acquisition process, The company's intellectual property and trademarks and their economic value are incorporated into the overall value. According to the lawsuit, CarePortMD It's a telemedicine and emergency care company, The company is in 2018 years 9 Monthly acquisition "CarePortMD" Registered trademark. Allscripts According to, CarePortMD The name used is very likely to match Allscripts The similar names used by the services of, because CarePortMD including telemedicine services provided through an online platform. These services are related to Allscripts Similarly, medical software services provided through online platforms are similar. Allscripts According to the lawsuit: Allscripts from 2013 years 1 month 1 From the beginning of the day "CarePort" The logo is on a piece of software that helps move patients from hospitals to other health care facilities, The software also has other features, For example, forecasting and identifying vacancies and vacancies in medical facilities, Matching inpatients with available medical structures, Book beds in medical institutions for patients, etc. 2019 years 11 month, Allscripts notice CarePortMD In use "CarePortMD" trademark, Related services include emergency care, Video telemedicine, Remote monitoring, Diabetes prevention, HIV/AIDS prevention and hypertension management. The United States Orrick law firm in Beijing representative office of lawyer Wang Xiang pointed out, assume Allscripts It's the first person to use (For example Allscripts precede CarePortMD use "CarePort" trademark) , CarePortMD Whether to infringe Allscripts To a large extent, the trademark depends on various factors that affect consumers' determination of the likelihood of confusion. These factors include: The similarity of the trademarks involved; The goods of the parties and (or) Whether the services are sufficiently related that consumers may identify them as originating in the same place; The competitive advantage of the plaintiff's trademark; Whether there is evidence of actual confusion; Whether the buyer is experienced; Defendant goods (service) And the defendant's intent to use the trademark. Wang Xiang pointed out that: "The factors to be considered in determining the likelihood of confusion and the weight of these factors will vary from case to case. The quantity and quality of the evidence involved can have a significant impact on the conclusion of an infringement case. " Allscripts Point out, in 2020 years 2 Lunar solstice 9 month, The two companies communicated about how to solve the problem, However, no amicable solution was reached. Allscripts Call it "Heavy loss" , Ask the court to order CarePortMD Stop using the name and ask a jury to decide damages. Allscripts Wilful infringement has been sought 3 Double damages. Allscripts The amount of damages was not specified in the lawsuit, Because the defendant's profit and the plaintiff's loss will be determined in the discovery phase. In this case, Allscripts in 2012 years 12 month 6 Daily submission "CarePort" Trademark application, concurrence 2013 years 11 month 5 Daily registration. CarePortMD in 2017 years 7 month 20 Daily submission "CarePortMD" Trademark application, concurrence 2018 years 9 month 11 Daily registration. Allscripts According to, Among other things, The two trademarks are similar, Easily confused, but Allscripts Have prior rights. Wang Xiang pointed out that, "Due to Allscripts and CarePortMD Both are medical services, CarePortMD Unauthorized use 'CarePortMD' Trademarks are likely to confuse consumers. Although courts and juries will eventually decide the issue, But the prima facie evidence is not simply interpreted as big companies bullying small ones. "

(Compiled from www. asiaiplaw. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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