Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 1 of 19 PageID #:1
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`ALEXIAN BROTHERS-AHS MIDWEST
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`REGION HEALTH CO.,
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`Plaintiff,
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`v.
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`AMITA LABORATORY, WORLDWIDE
`TRAVEL USA, INC., and ANOOP MAMTANI,
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`Defendants.
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`COMPLAINT
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`Plaintiff Alexian Brothers-AHS Midwest Region Health Co. d/b/a AMITA Health
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`(“AMITA Health” or “Plaintiff”) brings the present action against Defendant Amita Laboratory
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`(“Amita Laboratory”), Defendant Worldwide Travel USA, Inc. (“Worldwide Travel”), and
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`Defendant Anoop Mamtani (“Anoop Mamtani”), collectively referred to herein as “Defendants”,
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`and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action for (i) federal trademark infringement (15 U.S.C. §1114) ; (ii)
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`common law trademark infringement; (iii) unfair competition and false designation of origin (15
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`U.S.C. §1125(a), (iv) cybersquatting (15 U.S.C. 1125(d)); and (v) unfair deceptive trade practices
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`(815 ILCS §510, et seq.) arising from Defendants’ unauthorized use of AMITA Health’s federally
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`registered AMITA trademark to offer healthcare services, including COVID testing, to consumers.
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`2.
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`Despite AMITA Health’s longstanding use of its AMITA trademark and other
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`trademarks containing the term AMITA in connection with healthcare and related services
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`ALEXIAN BROTHERS-AHS MIDWEST
`
`REGION HEALTH CO.,
`
`
`
`
`
`
`
`
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`
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`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`v.
`
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`AMITA LABORATORY, WORLDWIDE
`TRAVEL USA, INC., and ANOOP MAMTANI,
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`
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`
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`Defendants.
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`COMPLAINT
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`Plaintiff Alexian Brothers-AHS Midwest Region Health Co. d/b/a AMITA Health
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`(“AMITA Health” or “Plaintiff”) brings the present action against Defendant Amita Laboratory
`
`(“Amita Laboratory”), Defendant Worldwide Travel USA, Inc. (“Worldwide Travel”), and
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`Defendant Anoop Mamtani (“Anoop Mamtani”), collectively referred to herein as “Defendants”,
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`and alleges as follows:
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`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for (i) federal trademark infringement (15 U.S.C. §1114) ; (ii)
`
`common law trademark infringement; (iii) unfair competition and false designation of origin (15
`
`U.S.C. §1125(a), (iv) cybersquatting (15 U.S.C. 1125(d)); and (v) unfair deceptive trade practices
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`(815 ILCS §510, et seq.) arising from Defendants’ unauthorized use of AMITA Health’s federally
`
`registered AMITA trademark to offer healthcare services, including COVID testing, to consumers.
`
`2.
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`Despite AMITA Health’s longstanding use of its AMITA trademark and other
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`trademarks containing the term AMITA in connection with healthcare and related services
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`
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 2 of 19 PageID #:2
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`provided to customers in Illinois, Defendants adopted and are using the identical mark AMITA on
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`signs, websites, advertisements and social media in for Defendants’ COVID testing services.
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`3.
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`Defendants’ use of AMITA will inevitably deceive consumers into believing that
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`Defendants’ services are somehow affiliated with, originate from or are authorized by AMITA
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`Health. The confusion caused by Defendants’ use of the AMITA mark will continue to damage
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`the goodwill and reputation of the AMITA mark. Furthermore, due to the critical nature of
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`healthcare services, any negative event associated with Defendants’ use of the AMITA mark—
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`including testing errors, breach of privacy or merely poor customer service—would severely
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`damage Plaintiff’s reputation and cause immeasurable harm.
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`THE PARTIES
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`4.
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`Plaintiff Alexian Brothers-AHS Midwest Region Health Co. is a Not-For-Profit
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`Corporation organized under the laws of the State of Illinois with its principal place of business
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`located at 2601 Navistar Drive, Building 3, Floor 3, Lisle, Illinois 60532.
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`5.
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`On information and belief, Defendant Amita Laboratory is a corporation organized
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`under the laws of the State of Illinois, with a place of business at 1300 E. Irving Park Road,
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`Streamwood, Illinois 60107 (“Streamwood Location”). A true and correct copy of a December 9,
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`2021 Page Vault Capture of the Corporation File Detail Report for Being Human Medical Inc.,
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`having the Assumed Name of Amita Laboratory according to the Illinois Secretary of State, is
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`attached hereto as Exhibit 1.
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`6.
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`On information and belief, Defendant Amita Laboratory operates an additional
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`place of business at 6027-6029 North Cicero Avenue, Chicago, Illinois 60646 (“Chicago
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`Location”).
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`2
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 3 of 19 PageID #:3
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`7.
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`On information and belief, Defendant Worldwide Travel USA, Inc. is a corporation
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`organized under the laws of the State of Illinois. A true and correct copy of a December 9, 2021
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`Page Vault Capture of the Corporation File Detail Report for Worldwide Travel USA, Inc.
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`according to the Illinois Secretary of State is attached hereto as Exhibit 2.
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`8.
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`On information and belief, Defendant Anoop Mamtani is a resident of the state of
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`Illinois and this judicial district, with an address of 5252 Pratt Avenue, Skokie, Illinois 60077. See
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`Exhibit 1, Exhibit 2.
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`JURISDICTION AND VENUE
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`9.
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`This Court has original subject matter jurisdiction over the claims in this action
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`pursuant to the provisions of the Lanham Act, 15 U.S.C. § 1051, et seq., 28 U.S.C. § 1338(a)-(b)
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`and 28 U.S.C. § 1331. This Court has jurisdiction over the claims in this action that arise under the
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`laws of the State of Illinois pursuant to 28 U.S.C. § 1367(a), because the state law claims are so
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`related to the federal claims that they form part of the same case or controversy and derive from a
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`common nucleus of operative facts.
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`10.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391, and this Court may
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`properly exercise personal jurisdiction over the Defendants by virtue of Defendants’ incorporation
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`or residence in the state of Illinois, in this judicial district.
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`11.
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` This Court may additionally exercise personal jurisdiction over the Defendants, as
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`Defendants directly target business activities toward consumers in Illinois through at least the two
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`brick-and-mortar stores identified in paragraphs 2 and 3 above, as well as the interactive webpage
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`operating under the infringing domain “amitalaboratory.com” (“Infringing Domain”). A true and
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`correct copy of a December 9, 2021 Page Vault Capture of the home page of the Infringing Domain
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`is attached hereto as Exhibit 3.
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`3
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 4 of 19 PageID #:4
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`FACTUAL BACKGROUND AND COMMON ALLEGATIONS
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`12.
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`AMITA Health, a not-for-profit organization, represents one of the largest hospital
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`systems in Illinois, formed from three faith-based health systems; Adventist Midwest Health,
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`Alexian Brothers Health System, and Presence Health.
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`13.
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` Within the Chicagoland area AMITA Health, in connection with the AMITA
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`Trademarks, operates fifteen acute care hospitals and four specialty hospitals devoted to behavioral
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`health, long-term care, physical rehabilitation and women and children's needs.
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`14.
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`AMITA Health, in connection with the AMITA Trademarks, provides continuing
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`education for medical professionals, along with training in behavioral health and paramedic fields,
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`as well as physician residency programs and fellowships.
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`15.
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`In connection with the AMITA Trademarks, AMITA Health’s hospitals and
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`providers provide medical treatment and laboratory services across dozens of practice areas,
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`including but not limited to treatment of Alzheimer’s disease, eating disorders, autism spectrum
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`disorders, cancers, cardiovascular diseases, gastrointestinal disorders, tremors, neurological
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`disorders, workplace and athletic injuries, strokes, and more.
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`16.
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`AMITA Health is dedicated to providing access to laboratory testing in connection
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`with the AMITA Trademarks for patients of all ages at convenient hospital and outpatient locations
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`throughout the greater Chicagoland area.
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`17.
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`AMITA Health, in connection with the AMITA Trademarks, provides medical
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`interpreters for over twenty languages including American Sign Language, and offers in-person,
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`telephone, and video health services to patients.
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`
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`4
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 5 of 19 PageID #:5
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`18.
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`AMITA Health also works to identify and address community health needs,
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`particularly those of the poor and marginalized, providing more than $335 million in community
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`benefits in fiscal year 2020.
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`19.
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`AMITA Health and its individual hospitals have received several awards, including
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`the Blue Cross BlueShield of Illinois Blue Distinction, a Five-Star Rating from the Centers for
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`Medicare and Medicaid Services, a Quality Excellence Achievement Award in Behavioral Health
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`from the Illinois Health and Hospital Association, and a Top Cardiologists recognition from
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`Chicago Magazine.
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`20.
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`Several AMITA Health Trademarks are registered with the United States Patent
`
`and Trademark Office, including at least the following marks (the “AMITA Health Trademarks”):
`
`Registration
`No.
`4871948
`
`4871949
`
`Trademark
`
`Goods and Services
`
`Registration Date
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`December 15, 2015
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`December 15, 2015
`
`referral
`physician
`AMITA HEALTH Providing
`and
`appointment
`services
`scheduling services in class 35;
`Health
`care
`services, namely,
`providing hospital, health care,
`mental health and medical services;
`providing home health care services
`and hospice services; providing
`physical
`rehabilitation
`services;
`providing skilled nursing facilities;
`hospitals; medical clinics; urgent
`medical care centers; health care
`services,
`namely,
`wellness
`programs; and nursing care in class
`44.
`referral
`physician
`Providing
`and
`appointment
`services
`scheduling services in class 35;
`Health
`care
`services, namely,
`providing hospital, health care,
`mental health and medical services;
`providing home health care services
`and hospice services; providing
`physical
`rehabilitation
`services;
`
`AMITA
`
`
`
`5
`
`
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 6 of 19 PageID #:6
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`providing skilled nursing facilities;
`hospitals; medical clinics; urgent
`medical care centers; health care
`services,
`namely,
`wellness
`programs; and nursing care in class
`44.
`referral
`physician
`Providing
`and
`appointment
`services
`scheduling services in class 35
`
`services, namely,
`care
`Health
`providing hospital, health care,
`mental health and medical services;
`providing home health care services
`and hospice services; providing
`physical
`rehabilitation
`services;
`providing skilled nursing facilities;
`hospitals; medical clinics; urgent
`medical care centers; health care
`services,
`namely,
`wellness
`programs; and nursing care in class
`44.
`
`5381614
`
`5381615
`
`AMITA HEALTH
`IN SICKNESS
`AND IN
`HEALTH
`AMITA HEALTH
`IN SICKNESS
`AND IN
`HEALTH
`
`
`
`January 16, 2018
`
`January 16, 2018
`
`21.
`
`The above U.S. registrations for the AMITA Health Trademarks are valid,
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`subsisting, in full force and effect, and at least registrations for AMITA HEALTH and AMITA
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`are incontestable pursuant to 15 U.S.C. § 1065.
`
`22.
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`The U.S. registrations for the AMITA Health Trademarks constitute prima facie
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`evidence of their validity and of AMITA Health’s exclusive right to use the AMITA Health
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`Trademarks pursuant to 15 U.S.C. § 1057 (b). These registrations also provide constructive notice
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`of AMITA Health’s claim of ownership in such marks pursuant to 15 U.S.C. §1072. True and
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`correct copies of the United States Registration Certificates for the above-listed AMITA Health
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`Trademarks are attached hereto as Exhibit 4.
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`23.
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`The AMITA Health Trademarks are distinctive when applied to AMITA Health’s
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`services and products, signifying to the consumer that these services and products are offered from
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`
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`6
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 7 of 19 PageID #:7
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`AMITA Health and meet the high standards that consumers have come to expect from AMITA
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`Health in the marketplace.
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`24.
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`AMITA Health registered the domain “amitahealth.org” on February 4, 2015. A
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`true and correct copy of a December 9, 2021 Page Vault Capture of the Domain Information for
`
`amitahealth.org according to the ICANN Registration Database is attached hereto as Exhibit 5.
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`25.
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`By at least as early as April 20, 2015, AMITA Health had launched a website at the
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`amitahealth.org domain name that displayed at least the AMITA and AMITA HEALTH
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`trademarks. A true and correct copy of a December 9, 2021 Page Vault Capture of the front page
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`of the April 20, 2015 amitahealth.org domain, as captured through the Wayback Machine, is
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`attached hereto as Exhibit 6. A portion is reproduced below:
`
`26.
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`Since launch, the amithealth.org website was available and remained available
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`continuously to patients and caregivers nationwide. The website provides access to patients and
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`medical providers for a multitude of resources and services in Cancer Care, Pulmonary Care,
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`Primary Care, Orthopedics, Alcohol Abuse Treatment, and more.
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`
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`
`
`7
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`27.
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`At least as early as March 19, 2015, AMITA Health began operating a Facebook
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`page, https://www.facebook.com/AMITAHealth/, using at least the AMITA and AMITA Health
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`trademarks to spread its mission of access to medical care and testing throughout Chicagoland.
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`That Facebook page now has approximately 16,400 followers.
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`28.
`
`AMITA
`
`Health
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`further
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`operates
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`a
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`account
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`at
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`https://twitter.com/AMITAhealth. At present, the Twitter page for @AMITAhealth has
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`approximately 4,200 followers, and actively uses the AMITA Health Trademarks.
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`29.
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`As a result of AMITA Health’s extensive marketing and advertising of these
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`services, the AMITA Health Trademarks have achieved significant consumer recognition
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`throughout Illinois and the United States.
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`DEFENDANTS’ UNLAWFUL CONDUCT
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`30.
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`Defendants registered the Infringing Domain on July 30, 2021, more than 5 years
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`after Plaintiff received Federal Registrations for the AMITA and AMITA HEALTH trademarks,
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`and more than 3 years after Plaintiff received Federal Registration for the AMITA HEALTH IN
`
`SICKNESS AND IN HEALTH marks. A true and correct copy of a December 9, 2021 Page Vault
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`Capture of the Domain Information for the Infringing Domain according to the ICANN
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`Registration Database is attached hereto as Exhibit 7.
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`31.
`
`According to the ICANN Registration Database, the Infringing Domain is
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`registered to “WORLDWIDE TRAVEL USA INC.” See Exhibit 7.
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`32.
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`According to the Office of the Illinois Secretary of State, Worldwide Travel USA,
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`Inc. is an active Illinois corporation, listing the President, Secretary, and Agent for Service of
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`Process as “Anoop Mamtani” of Skokie, Illinois. See Exhibit 2.
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`8
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`33.
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`An “Anoop Mamtani” of Skokie, Illinois, is also listed as the President and Agent
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`for Service of Process for Being Human Medical Inc., having the assumed name of Amita
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`Laboratory. See Exhibit 1.
`
`34.
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`According to the ProPublica database tracking COVID-19 “Paycheck Protection
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`Program” (PPP) loan disbursements, an “Anoop Mamtani” operating a sole proprietorship in
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`Illinois in the industry of “All Other Travel Arrangement and Reservation Services” received a
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`PPP loan approved on Feb. 12, 2021. A true and correct copy of a December 9, 2021 Page Vault
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`Capture of the Anoop Mamtani entry in this database is attached hereto as Exhibit 8. On
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`information and belief, this loan was disbursed pursuant to Anoop Mamtani’s operations of
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`Worldwide Travel USA, Inc. as a sole proprietorship.
`
`35.
`
`On information and belief, that information including the status of Worldwide
`
`Travel USA, Inc. as the ICANN acknowledged registrant of the Infringing Domain, the Illinois
`
`Secretary of State acknowledging Anoop Mamtani as the President of Worldwide Travel USA,
`
`Inc., the ProPublica database charting Anoop Mamtani as operating a sole proprietorship in the
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`“All Other Travel Arrangement and Reservation Services” industry in Illinois, the Illinois
`
`Secretary of State acknowledging Anoop Mamtani as the President of Being Human Medical Inc.,
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`and the Illinois Secretary of State listing Amita Laboratory as an assumed name of Being Human
`
`Medical Inc., Defendants are alter egos of one another and operate the Infringing Domain.
`
`36.
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`On information and belief, Defendant Anoop Mamtani has personally directed, and
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`continues to personally direct, Defendant Amita Laboratory and Defendant Worldwide Travel to
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`use the AMITA mark in connection with their goods and services.
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`37.
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`Notwithstanding AMITA Health’s longstanding use of the AMITA Health
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`Trademarks in connection with health care services, Defendants nevertheless chose a confusingly
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`9
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 10 of 19 PageID #:10
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`similar name and has offered health care services, including COVID testing, for sale to residents
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`of Illinois and otherwise. The services offered by Defendants appear to be identical and/or similar
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`to those offered by AMITA Health.
`
`38.
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`On information and belief, given AMITA Health’s prominence in the Chicagoland
`
`area, Defendants have actual knowledge of the AMITA Health system of hospitals and providers,
`
`including the healthcare services they provide and their use of the AMITA Health Trademarks.
`
`39.
`
`AMITA Health made Defendants aware of the existence of the AMITA Health
`
`Trademarks. On September 21 and 29, 2021, Plaintiff AMITA Health sent letters to Defendants,
`
`notifying Defendants of their infringement of the AMITA Health Trademarks (“Cease and Desist
`
`Letters”) and requesting that Defendants stop using the infringing marks. The Cease and Desist
`
`Letters are attached hereto as Exhibit 9.
`
`40.
`
`The Cease and Desist Letters identified each of the AMITA Health Trademarks,
`
`and notified Defendants of their infringement both via the Infringing Domain and the associated
`
`website. In particular, the Cease and Desist Letters notified Defendants that the Infringing Domain
`
`and website “makes an intentional use of [Plaintiff’s] identical AMITA mark to confuse and
`
`deceive the public”. See Exhibit 9.
`
`41.
`
`As addressed in the Cease and Desist Letters, Defendants’ Infringing Domain and
`
`website is “clearly being used to divert and confuse the public by trading off the established
`
`goodwill of [Plaintiff]”. See Exhibit 9.
`
`42.
`
`43.
`
`To date, Defendants have not responded to the Cease and Desist Letters.
`
`On or about November 22, 2021, AMITA Heath learned that Defendants had
`
`opened a “physical laboratory” located at the Streamwood Location. Images of this location, taken
`
`on or about November 22, 2021, are attached hereto as Exhibit 10. These images show that
`
`
`
`10
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 11 of 19 PageID #:11
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`Defendants prominently display the AMITA mark in connection with health services on their
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`storefront.
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`44.
`
`45.
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`Defendants also claim to operate a physical laboratory at the Chicago Location.
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`Despite AMITA Health’s substantial investment of time, money, and other
`
`resources promoting the services branded with the AMITA Health Trademarks to individuals
`
`nationwide, including in Illinois, Defendants prominently display “AMITA” on its website and its
`
`brick-and-mortar advertising. See Exhibit 2, Exhibit 10.
`
`46.
`
`Defendants also prominently display their infringing “AMITA” logo on their
`
`Facebook page, at https://www.facebook.com/amitalabstreamwood/, and have done so since at
`
`least January of 2021. A true and correct copy of a December 9, 2021 Page Vault Capture of the
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`Defendant Amita Laboratory’s Facebook page is attached hereto as Exhibit 11.
`
`47.
`
`According to the webpage at Defendants’ Infringing Domain, Defendants operate
`
`the Infringing Domain and website, along with the Chicago Location and, on information and
`
`belief, the Streamwood Location, to provide medical screening services to consumers in Illinois.
`
`See Exhibit 2.
`
`48.
`
`Defendants’ actions are intended to deceive consumers as to the source and quality
`
`of its infringing services they continue to offer for sale to the public.
`
`49.
`
`Defendants’ unauthorized use of the AMITA Health Trademarks is likely to
`
`mislead, deceive, and confuse the relevant purchasing public and trade. It is likely that consumers
`
`have mistakenly believed and will continue to believe that: (1) Defendants’ services are genuine
`
`AMITA Health services; (2) Defendants’ services are endorsed or authorized by AMITA Health;
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`and/or (3) AMITA Health has licensed its intellectual property to Defendants, all to the detriment
`
`of AMITA Health and the purchasing public.
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`11
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 12 of 19 PageID #:12
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`50.
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`As a result of Defendants’ infringement of the AMITA Health Trademarks and
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`other wrongful acts, AMITA Health has and will continue to suffer significant damages and
`
`irreparable injury.
`
`51.
`
`Due to the critical nature of healthcare services, any negative event associated with
`
`Defendants’ use of the AMITA mark—including testing errors, breach of privacy or merely poor
`
`customer service—would severely damage AMITA Health’s reputation and cause immeasurable
`
`and irreparable injury.
`
`52.
`
`AMITA Health has no adequate remedy at law because Defendants’ acts will
`
`continue to cause damage and irreparable injury to AMITA Health unless enjoined by this Court.
`
`AMITA Health cannot, at this point, ascertain the exact amount of damages caused by Defendants’
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`wrongful conduct.
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`COUNT I
`FEDERAL TRADEMARK INFRINGEMENT (15 U.S.C. § 1114)
`
`Plaintiff hereby realleges the contents of paragraphs 1-52 as if fully set forth herein.
`
`This is a trademark infringement action against Defendants based on their
`
`53.
`
`54.
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`unauthorized use in commerce of their mark which is confusingly similar to the federally registered
`
`AMITA mark in connection with the sale, offering for sale, distribution, and/or advertising of
`
`infringing goods and/or services. AMITA Health’s Trademarks are highly distinctive marks.
`
`55.
`
`Defendants have sold, offered to sell, marketed, distributed, and advertised, and are
`
`still selling, offering to sell, marketing, distributing, and advertising products or services bearing
`
`confusingly similar reproductions of Plaintiff’s AMITA mark without Plaintiff’s permission.
`
`56.
`
`Plaintiff is the exclusive owner of the AMITA Health Trademarks, including the
`
`AMITA mark. Plaintiff’s United States Registrations for the AMITA Health Trademarks are in
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`full force and effect.
`
`
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`12
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`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 13 of 19 PageID #:13
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`57.
`
`Upon information and belief, Defendants have knowledge of Plaintiff’s rights in
`
`the AMITA Health Trademarks, are willfully infringing the AMITA Health Trademarks, and are
`
`intentionally using a mark that is confusingly similar to the AMITA Health Trademarks.
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`Defendants’ willful, intentional, and unauthorized use of the AMITA mark is likely to cause and
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`is causing confusion, mistake, and deception as to the origin and quality of Defendants’ products
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`and/or services among the general public.
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`58.
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`Defendants’ activities constitute willful trademark infringement under Section 32
`
`of the Lanham Act, 15 U.S.C. § 1114.
`
`59.
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`Plaintiff has no adequate remedy at law, and if Defendants’ actions are not enjoined,
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`Plaintiff will continue to suffer irreparable harm to their reputations and the goodwill of Plaintiff’s
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`Trademarks.
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`60.
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`The injuries and damages sustained by Plaintiff have been directly and proximately
`
`caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offering to sell, and
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`sale of infringing products and services.
`
`COUNT II
`COMMON LAW TRADEMARK INFRINGEMENT
`
`Plaintiff hereby realleges the contents of paragraphs 1-60, as if fully set forth herein.
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`Defendants’ conduct complained of herein constitutes trademark infringement
`
`61.
`
`62.
`
`under the common law of the State of Illinois.
`
`63.
`
`Based on its prior and continuous use of the AMITA Health Trademarks, Plaintiff
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`owns and enjoys common law rights in the State of Illinois and elsewhere in the United States to
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`the AMITA Health Trademarks in connection with its goods and services described herein and
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`similar goods and services.
`
`
`
`13
`
`
`
`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 14 of 19 PageID #:14
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`64.
`
`Plaintiff used the AMITA Health Trademarks in connection with its goods and
`
`services in the United States, including in the State of Illinois, long before Defendants began using
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`the AMITA mark and other marks confusingly similar to the AMITA Health Trademarks.
`
`65.
`
`Defendants’ use of the AMITA mark and other marks confusingly similar to the
`
`AMITA Health Trademarks without authorization from Plaintiff in connection with its services
`
`constitutes an infringement of Plaintiff’s common law rights in the AMITA Health Trademarks.
`
`66.
`
`Defendants have unfairly competed with Plaintiff by the acts complained of, has
`
`done so intentionally, and has caused and, unless enjoined by this Court, will continue to cause
`
`irreparable harm, damage and injury to Plaintiff, which has no adequate remedy at law.
`
`67.
`
`68.
`
`Plaintiff has been harmed by Defendants’ wrongful acts.
`
`Plaintiff is therefore entitled to injunctive relief, recovery of actual damages, treble
`
`damages, costs, and reasonable attorneys’ fees.
`
`COUNT III
`UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN (15 U.S.C. §
`1125(a))
`
`
`
`69.
`
`70.
`
`Plaintiff hereby realleges the contents of paragraphs 1-68, as if fully set forth herein.
`
`Defendants’ promotion, marketing, offering for sale, and sale of products and
`
`services has created and is creating a likelihood of confusion, mistake, and deception among the
`
`general public as to the affiliation, connection, or association with Plaintiff or the origin,
`
`sponsorship, or approval of Defendants’ products and services by Plaintiff.
`
`71.
`
`By using a mark that is confusingly similar or identical to the AMITA Health
`
`Trademarks, and in particular the AMITA mark on products and services, Defendants have created
`
`a false designation of origin and a misleading representation of fact as to the origin and sponsorship
`
`of Defendants’ products and services.
`
`
`
`14
`
`
`
`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 15 of 19 PageID #:15
`
`72.
`
`Defendants’ false designation of origin and misrepresentation of fact as to the origin
`
`and/or sponsorship of the products and services to the general public is a willful violation of
`
`Section 43 of the Lanham Act, 15 U.S.C. § 1125.
`
`73.
`
`Plaintiff has no adequate remedy at law and, if Defendants’ actions are not enjoined,
`
`Plaintiff will continue to suffer irreparable harm to their reputations and the associated goodwill
`
`of Plaintiff’s brand.
`
`COUNT IV
`CLAIM FOR INJUNCTIVE RELIEF UNDER THE ANTICYBERSQUATTING
`CONSUMER PROTECTION ACT (15 U.S.C. § 1125(d)) AS TO THE DEFENDANTS’
`OPERATING THE INFRINGING DOMAIN INCORPORATING PLAINTIFF’S AMITA
`MARK
`
`Plaintiff hereby realleges the contents of paragraphs 1-73 as if fully set forth herein.
`
`74.
`
`75.
`
`Plaintiff is the exclusive owners of the AMITA mark. The U.S. Registration for
`
`Plaintiff’s AMITA mark is in full force and effect. Plaintiff’s AMITA mark is distinctive, and was
`
`distinctive and registered before and at the time of the registration of the Infringing Domain.
`
`76.
`
`Defendants registered the Infringing Domain incorporating Plaintiff’s AMITA
`
`mark, and have acted with bad faith intent to profit from the unauthorized use of Plaintiff’s AMITA
`
`mark and the goodwill associated therewith by registering the Infringing Domain, which is
`
`identical to, confusingly similar to, or dilutive of the AMITA mark.
`
`77.
`
`Defendants have no intellectual property rights in or to Plaintiff’s AMITA
`
`mark.Defendants’ actions constitute willful cybersquatting in violation of §43(d) of the Lanham
`
`Act, 15 U.S.C. §1125(d).
`
`78.
`
`Plaintiff has no adequate remedy at law, and the registration and use of the
`
`Infringing Domain incorporating Plaintiff’s AMITA mark has caused, is causing, and is likely to
`
`continue to cause substantial and irreparable injury to the public and to Plaintiff.
`
`
`
`15
`
`
`
`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 16 of 19 PageID #:16
`
`COUNT V
`VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT (815
`ILCS § 510, ET SEQ.)
`
`
`
`79.
`
`80.
`
`Plaintiff hereby realleges the contents of paragraphs 1-78, as if fully set forth herein.
`
`Defendants have engaged in acts violating Illinois law including, but not limited to,
`
`passing off its services as those of Plaintiff, causing a likelihood of confusion and/or
`
`misunderstanding as to the source of its services, causing a likelihood of confusion and/or
`
`misunderstanding as to an affiliation, connection, or association with Plaintiff, representing that
`
`its services have Plaintiff’s approval when they do not, and engaging in other conduct which
`
`creates a likelihood of confusion or misunderstanding among the public.
`
`81.
`
`The foregoing acts by the Defendants constitute a willful violation of the Illinois
`
`Uniform Deceptive Trade Practices Act, 815 ILCS § 510, et seq.
`
`82.
`
`Plaintiff has no adequate remedy at law, and Defendants’ conduct has caused
`
`Plaintiff to suffer damage to its reputation and associated goodwill. Unless enjoined by the Court,
`
`Plaintiff will suffer future irreparable harm as a direct result of Defendants’ unlawful activities.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays that the Court enter Judgment finding, concluding, and declaring:
`
`1) That pursuant to 35 U.SC. § 283, Defendants, their affiliates, officers, agents, servants,
`
`employees, attorneys, confederates, and all persons acting for, with, by, through, under or
`
`in active concert with it be temporarily, preliminarily, and permanently enjoined and
`
`restrained from:
`
`a. using the AMITA Health Trademarks or any reproductions, counterfeit copies or
`
`colorable imitations thereof in any manner in connection with the distribution,
`
`marketing, advertising, offering for sale, or sale of any product or service that is not
`
`
`
`16
`
`
`
`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 17 of 19 PageID #:17
`
`authorized by Plaintiff to be sold in connection with the AMITA Health
`
`Trademarks;
`
`b. passing off, inducing, or enabling others to sell or pass off any product or service
`
`as that of Plaintiff, that is not Plaintiff’s or not produced under the authorization,
`
`control, or supervision of Plaintiff and approved by Plaintiff for sale under the
`
`AMITA Health Trademarks;
`
`c. committing any acts calculated to cause consumers to believe that Defendants’
`
`products and services are those sold under the authorization, control or supervision
`
`of Plaintiff, or are sponsored by, approved by, or otherwise connected with
`
`Plaintiff;
`
`d. further infringing the AMITA Health Trademarks and damaging Plaintiff’s
`
`goodwill;
`
`e. otherwise competing unfairly with regard to Plaintiff in any manner; and
`
`2) Entry of an Order that the registrant of the Infringing Domain shall be changed from the
`
`current registrant to Plaintiff, and that GoDaddy Operating Company, LLC (“GoDaddy”)
`
`shall unlock and change the registrar of record for the Infringing Domain to a registrar of
`
`Plaintiff’s selection, and that GoDaddy shall take any steps necessary to transfer the
`
`Infringing Domain to a registrar account of Plaintiff’s selection; or that the same domain
`
`name registries shall disable the Infringing Domain and make them inactive and
`
`untransferable;
`
`3) Entry of an Order that, upon Plaintiff’s request, those in privity with Defendants and
`
`those with notice of the injunction, including domain name registrar GoDaddy, shall:
`
`
`
`17
`
`
`
`Case: 1:21-cv-06599 Document #: 1 Filed: 12/09/21 Page 18 of 19 PageID #:18
`
`a. disable and cease providing services being used by Defendants, currently or in
`
`the future, to engage in the sale of goods using the AMITA Health Trademarks;
`
`b. disable and cease displaying any advertisements used by or associated with
`
`Defendants in connection with the sale of goods or services using the AMITA
`
`Health Trademarks; and
`
`c. take all steps necessary to prevent links to the Infringing Domain from displaying
`
`in search results, including, but not limited to, removing links to the Infringing
`
`Domain from any search index;
`
`4) That Defendants account for and pay to Plaintiff all profits realized by Defendants by
`
`reason of Defendants’ unlawful acts herein alleged, and that the amount of damages for
`
`infringement of the AMITA Health Trademarks be increased by a sum not exceeding three
`
`times the amount thereof as provided by 15 U.S.C. § 1117 and the Illinois Deceptive Trade
`
`Practices Act 815 ILCS 510;
`
`5) That Defendants be ordered to close any and all accounts on third party sites where it
`
`uses the AMITA Health Trademarks or any confusingly similar marks, and be ordered to
`
`assist Plaintiff, if needed, in working with third-party sites to remove all content displaying
`
`or referencing in any way the AMITA Health Trademarks or any confusingly similar marks
`
`in relation to Defendants or their services;
`
`6) Defendants be directed, pursuant to 15 U.S.C. § 1116, to file with this Court and to serve
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`on P
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