Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 1 of 17
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`C.A. No.
`
`AXIVA HEALTH SOLUTIONS, INC.,
`
`Plaintiff,
`
`v.
`
`INFUSION CENTER OF PENNSYLVANIA
`LLC,
`
` Defendant.
`
`VERIFIED COMPLAINT
`
`Plaintiff Axiva Health Solutions, Inc. (“Plaintiff” or “Axiva”), by and through its
`
`undersigned counsel, hereby alleges the following for its Complaint against Defendant Infusion
`
`Center of Pennsylvania LLC (“Defendant” or “ICPA”):
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`PRELIMINARY STATEMENT
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`1.
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`This is an action for willful trademark infringement and unfair competition under
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`Section 43 of the Lanham Act (15 U.S.C. § 1125(a)) and the Pennsylvania common law, which
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`threaten serious and irreparable harm to Axiva and its customers—many of whom are patients
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`seeking medical services.
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`THE PARTIES
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`2.
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`Axiva is a Nevada corporation, having a principal place of business at 3420
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`Fairlane Farms Road, Suite 200, Wellington, FL 33414.
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`3.
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`Upon information and belief, ICPA is a Pennsylvania limited liability company,
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`having a principal place of business at 649 North Lewis Road, Suite 230-B, Royersford, PA
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`19468.
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`1
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 2 of 17
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`JURISDICTION AND VENUE
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`4.
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`This is a civil action brought under the trademark laws of the United States, 15
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`U.S.C. §§ 1051 et seq., subject matter jurisdiction being conferred by 15 U.S.C. § 1121 and 28
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`U.S.C. §§ 1331 and 1338. Axiva’s common law claims are joined and related pursuant to 28
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`U.S.C. §§ 1367(a) and 1338(b).
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`5.
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`This Court has personal jurisdiction over ICPA because ICPA is a Pennsylvania
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`entity. Furthermore, ICPA has purposely availed itself of, and purposefully directed its actions
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`to, the Commonwealth of Pennsylvania by attempting to conduct and conducting business in
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`the Commonwealth. In addition, ICPA has explicitly stated its intention to offer and provide
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`services in the Commonwealth of Pennsylvania utilizing the infringing trademarks at issue in
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`this dispute, which will cause Axiva extensive, irreparable harm in this Commonwealth.
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`6.
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`Venue is proper in this Judicial District under 28 U.S.C. § 1391(b) and 28 U.S.C.
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`§ 1391(c), as ICPA is subject to personal jurisdiction in this Judicial District, ICPA conducts
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`business in this Judicial District, and ICPA has explicitly stated its intention to engage in
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`wrongful acts of unfair competition and trademark infringement in this Judicial District.
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`BACKGROUND
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`7.
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`Plaintiff Axiva operates a Family of Companies (the “Axiva Companies”) which
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`offer extensive home and specialty infusion pharmacy services and medical and wellness
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`ambulatory infusion clinic services to patients in numerous states throughout the country. In
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`particular, two of the Axiva Companies are located in Pennsylvania, and one is located in New
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`Jersey (the NJ facility is not yet servicing clients but will be fully operational in the very near
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`future): 1) Axiva Infusion Centers – HV, LLC, with an office address of 2042 County Line
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`Road, Huntington Valley, PA 19006, 2) Axiva Infusion Centers – HT, LLC, with an office
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`2
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 3 of 17
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`address of 1120 Township Line Road, Suite 300, Havertown, PA 19083, and 3) Axiva Infusion
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`Centers – PN, LLC, with an office address of 10 Route 31 North, Suite 103, Pennington, NJ
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`08534. The remaining brick-and-mortar Axiva Companies are located in Winter Park, Florida;
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`Lenexa, Kansas; and Herndon, Virginia. The Axiva Companies provide and have provided
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`services to patients in at least the following states: Alabama, Arkansas, Arizona, Connecticut,
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`the District of Columbia, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Massachusetts,
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`Maryland, Michigan, Minnesota, Missouri, North Carolina, New York, New Jersey, Ohio,
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`Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Virgin Islands,
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`Vermont, Washington, Wisconsin, and West Virginia.
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`8.
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`The Axiva Companies’ mission is to provide exceptional, highly personalized
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`care for their patients, many of whom are living with complex and chronic conditions. The
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`Axiva Companies operate with an enduring commitment to compassion, integrity, and
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`innovation, and they pride themselves on being accredited through a combination of the
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`Utilization Review Accreditation Commission (“URAC”) and the Accreditation Commission
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`for Health Care (“ACHC”).
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`
`
`I.
`
`9.
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`The Valuable AXIVA Intellectual Property
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`Axiva is the owner of extensive common law rights in the coined, standard
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`character service marks “AXIVA” (the “Standard Character AXIVA Mark”), “AXIVA
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`INFUSION CENTERS” (the “Standard Character AXIVA INFUSION CENTERS Mark”), and
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`“AXIVA HEALTH SOLUTIONS” (the “Standard Character AXIVA HEALTH SOLUTIONS
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`Mark”), as well as the following highly unique, stylized service mark, which features the term
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`“axiva” in a specific font, with the letters “a,” “x,” and “a” in a medium plum shade, and the
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` 3
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 4 of 17
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`letters “i” and “v” in a darker plum shade. In addition, small blue, green, and medium plum
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`droplets hover above the letter “v”:
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`(the “Stylized AXIVA Mark”).
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`10.
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`11.
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`The term “Axiva” is pronounced “ax”—“ee”—“vuh.”
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`The Standard Character AXIVA Mark, the Standard Character AXIVA
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`INFUSION CENTERS Mark, the Standard Character AXIVA HEALTH SOLUTIONS Mark,
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`and the Stylized AXIVA Mark are referred to collectively herein as the “AXIVA Intellectual
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`Property.”
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`12.
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`Since December 2018, the Axiva Intellectual Property has been used in
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`commerce continuously and exclusively by the Axiva Companies, pursuant to an oral license
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`agreement with Axiva, in connection with home and specialty infusion pharmacy services and
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`medical and wellness ambulatory infusion clinic services, serving patients in at least Alabama,
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`Arkansas, Arizona, Connecticut, the District of Columbia, Delaware, Florida, Georgia, Illinois,
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`Indiana, Kansas, Massachusetts, Maryland, Michigan, Minnesota, Missouri, North Carolina,
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`New York, New Jersey, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
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`Virginia, Virgin Islands, Vermont, Washington, Wisconsin, and West Virginia.
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`4
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`13.
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`Axiva exercises significant quality control over the Axiva Companies’ use of the
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`AXIVA Intellectual Property.
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`14.
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`The term AXIVA has no meaning in English. It was selected, in large part, by
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`combining various letters from the name of a highly successful predecessor company. Indeed,
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`given its fanciful, highly distinctive nature, the AXIVA Intellectual Property has served as an
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`incredibly valuable indicator of source (i.e., Axiva and the Axiva Companies) since its date of
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`first use.
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`15.
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`Through the years, Axiva has invested significant time, energy, and monetary
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`resources—in fact, roughly $850,000 so far this year, $500,000 in 2020, and $200,000 in
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`2019—in marketing efforts to promote the services of the Axiva Companies in connection with
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`the AXIVA Intellectual Property. Nationally, Axiva has engaged in extensive email marketing;
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`social media advertising on Facebook, Instagram, and LinkedIn; advertising on its website,
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`axiva.com; and advertising through the engagement of outside sales representatives to introduce
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`Axiva services to physicians and other healthcare professionals. In Pennsylvania specifically
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`(where ICPA currently operates), Axiva has marketed the Axiva Companies’ services in
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`connection with the AXIVA Intellectual Property: (i) on the radio beginning in Summer of 2020
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`on 97.5 The Fanatic and moving to WXTU-FM in 2021; (ii) by investing in a co-branded social
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`video with WXTU-FM; (iii) in local magazine and print ads; (iv) through its own branded social
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`media accounts (Facebook, Instagram, and LinkedIn); and (v) through tireless boots-on-the-
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`ground marketing activities with a highly compensated and experienced sales representative to
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`physicians. Examples of Axiva and the Axiva Companies’ marketing efforts are attached hereto
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`as Exhibit “A.”
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`16.
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`Over the past three years, the Axiva Companies have provided services under
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`the AXIVA Intellectual Property to roughly 1,430 home and specialty infusion pharmacy
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`patients and medical and wellness ambulatory infusion clinic patients. In addition, they have
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`provided services and retail in connection with the AXIVA Intellectual Property to more than
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`5,000 retail customers and ophthalmology patients serviced out of the Axiva Companies Florida
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`pharmacy. They are on track to garner approximately $22 million in revenue for 2021 alone.
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`In 2020, the Axiva Companies’ sales totaled roughly $16 million, and in 2019, their sales totaled
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`roughly $10 million. The Axiva Companies have received countless positive patient reviews
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`and testimonials as a result of their incredibly high quality service offerings.
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`17.
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`Needless to say, the Axiva Companies’ continuous, exclusive use of the AXIVA
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`Intellectual Property connection with their services over the past three years has served to
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`strengthen in the minds of the public the connection between the AXIVA Intellectual Property
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`and the Axiva Companies’ services, and has thus led to the development of significant
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`secondary meaning and goodwill, which inures to the benefit of Axiva.
`
`18.
`
`The Axiva Intellectual Property is valid and protectable under the trademark and
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`unfair competition laws of the United States and the common law of Pennsylvania.1
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`1 On December 3, 2021, Axiva filed with the United States Patent and Trademark Office Trademark
`(“USPTO”) Application Serial No. 97155351 to register the Standard Character AXIVA Mark; Application
`Serial No. 97155339 to register the Standard Character AXIVA INFUSION CENTERS Mark; Application
`Serial No. 97155348 to register the Standard Character AXIVA HEALTH SOLUTIONS Mark; and
`Application Serial No. 97155333 to register the Stylized AXIVA Mark, all of the foregoing in connection with
`“Medical services, namely, providing pharmacy, medical and wellness infusion services to patients in their
`homes and in infusion centers” in International Class 44. All four Applications are currently under USPTO
`review.
`
`6
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 7 of 17
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`II.
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`ICPA’s Impending Willful Infringement of the Valuable AXIVA
`Intellectual Property
`
`19.
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`Like the Axiva Companies, ICPA offers medical infusion services to patients
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`
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`either at home or in an office setting.
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`20.
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`On information and belief, ICPA is very much aware of, and has offices in very
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`close proximity to, the Axiva Companies. Specifically, ICPA advertises office locations in
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`Broomall, Pennsylvania; Philadelphia, Pennsylvania; Jenkintown, Pennsylvania; and
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`Royersford, Pennsylvania. The Broomall location is in Delaware County, where Axiva also
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`has a brick and mortar facility (Axiva Infusion Centers – HT, LLC); the Jenkintown location is
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`in Montgomery County, where Axiva also has a brick and mortar facility (Axiva Infusion
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`Centers – HV, LLC). On further information and belief, ICPA intends to soon open additional
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`offices in Cherry Hill, New Jersey and Princeton, New Jersey. Princeton is in Mercer County,
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`where Axiva has a brick and mortar facility (Axiva Infusion Centers – PN, LLC).
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`21.
`
`Given ICPA’s status as a direct competitor of Axiva and the Axiva Companies,
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`Axiva was stunned to learn, during the second week of November 2021, that ICPA is in the
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`process of rebranding its business as “AVITA” and “AVITA INFUSION CENTERS”
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`(collectively, the “Infringing AVITA Marks”). Specifically, according to ICPA’s website,
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`ICPA intends to begin using the Infringing AVITA Marks in commerce in connection with its
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`competing infusion services in the very near future, though it has not done so yet. A printout
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`of ICPA’s website is attached hereto as Exhibit “B.”
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`22.
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`Pivotally, “AVITA” is presented in a stylized fashion that is startlingly similar
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`to the AXIVA Stylized Mark. A side-by-side of the AXIVA Stylized Mark and a stylized
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`version of an Infringing AVITA Mark is provided below for reference:
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 8 of 17
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`AXIVA Stylized Mark
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`Infringing AVITA Mark
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`23.
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`Clearly, ICPA has poached not only the exact font and color palette of the
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`AXIVA Stylized Mark—that is, medium plum letters surrounding a dark plum letter—it has
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`even included a small blue droplet hovering over one of the interior letters, quite similar to the
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`droplets hovering over an interior letter of the AXIVA Stylized Mark.
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`24.
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`In addition, the Infringing AVITA Marks are identical to AXIVA and AXIVA
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`INFUSION CENTERS in number of letters and syllables, and near identical in sight, sound,
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`meaning, and commercial impression. The pronunciation of “Avita” (that is, “ah”—“vee”—
`
`“tuh”) is also similar to the pronunciation of “Axiva” (which, again, is “ax”—“ee”—“vuh”).
`
`25.
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`Given the undeniable overlap in the context of nearly identical infusion centers,
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`there can be no doubt that this is anything but a coincidence. In fact, the situation is made all
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`the more suspicious—and all the more egregious—given the fact that ICPA’s rebranding plans
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`were announced shortly after a high-ranking Axiva executive, who had access to and in-depth
`
`knowledge of, all of Axiva’s marketing materials and intellectual property, departed Axiva on
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`less-than-hospitable terms.
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`26.
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`In short, ICPA’s marketing efforts are, without question, the product of
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`intentional copying of the AXIVA Intellectual Property, with the transparent goal of freeriding
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`on and exploiting the hard-earned goodwill associated therewith.
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`27.
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`To be clear, if ICPA is permitted to move forward with its plans to use the
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`intentionally Infringing AVITA Marks in commerce in connection with its directly competing
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`services—which it offers to an identical patient base in the very same geographical region as
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`Axiva—there can be no question that actual confusion will ensue.
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`28.
`
`Indeed, ICPA’s use of the Infringing AVITA Marks is certain to cause
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`confusion, cause mistake, and to deceive as to the affiliation, connection, or association of ICPA
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`with Axiva or the Axiva Companies, or as to the origin, sponsorship, or approval of ICPA’s
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`services. Persons, including actual and prospective patients, familiar with the AXIVA
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`Intellectual Property would be likely to mistakenly believe that ICPA’s services were
`
`introduced by, under the sponsorship of, or in affiliation with Axiva.
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`29.
`
`This is a particularly problematic and potentially dangerous scenario given the
`
`fact that many of the customers of both ICPA and Axiva are seeking medical services, which
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`are quite personalized in nature and could, potentially, be associated with very serious side
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`effects. For example, a situation could arise in which one company is in possession of a
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`patient’s complete medical records while the other—unbeknownst to the patient, who thinks
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`the companies are one and the same—is not. Under this scenario, the company lacking the
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`complete medical records could inadvertently administer a medication to which the patient is
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`allergic—but which the patient never mentioned because she (incorrectly) assumed that the
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`company was already aware. In addition, services may be covered by insurance if provided by
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`one company but not the other.
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 10 of 17
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`30.
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`Furthermore, if ICPA is permitted to utilize the Infringing AVITA Marks in
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`connection with its competing services, Axiva will be prevented from being able to control the
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`reputation and goodwill associated with its own services in one of the main regions from which
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`it draws patients.
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`31.
`
`Again, the confusion that will ensue if ICPA is allowed to operate under the
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`Infringing AVITA Marks will cause imminent and irreparable harm to Axiva due to loss of
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`control of its reputation, loss of trade, and/or loss of goodwill, as well as its actual and
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`prospective patients, who will not be able to determine from whom they are obtaining (or meant
`
`to obtain) medical services. Patients referred to Axiva may even inadvertently show up at ICPA
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`for their appointments and vice versa.
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`32.
`
`Not surprisingly, when Axiva’s attorney sent an urgent cease and desist letter to
`
`ICPA explaining the tremendous confusion that is certain to occur should ICPA move forward
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`with its remarketing plans, ICPA responded with nothing but excuses and a refusal to forgo use
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`of the Infringing AVITA Marks. In fact, ICPA’s attorney confirmed that ICPA has already
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`registered Avita Infusion Centers as a business in New Jersey and that ICPA centers in
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`Pennsylvania are already registered as d/b/a Avita Infusion Centers. A true and correct copy of
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`the cease and desist letter from Axiva’s counsel and the response from ICPA’s counsel is
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`attached hereto as Exhibit “C.” Such a response is further indication of willful and malicious
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`intent to engage in infringement in the very near future.
`
`33.
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`Needless to say, ICPA’s determination to adopt the Infringing AVITA Marks
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`after receiving explicit notice from Axiva’s counsel regarding the certainty of confusion that
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`such adoption will create demonstrates a malicious and bad faith intent to confuse the public
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`and to profit from Axiva’s goodwill, thereby injuring Axiva in a manner in which money
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`damages cannot fully redress.
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`34.
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`Axiva (not to mention its actual and prospective patients) will be significantly
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`and irreparably harmed by ICPA’s parasitic and intentionally malicious acts in the absence of
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`an immediate injunction from this Court.
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`COUNT I
`TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
`UNDER THE LANHAM ACT, 15 U.S.C. § 1125(a)
`
`35.
`
`Axiva repeats and re-alleges each and every allegation of Paragraphs 1 through
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`34 as though fully set forth herein.
`
`36.
`
`Axiva is the owner of the valid and protectable AXIVA Intellectual Property,
`
`which is inherently distinctive and has acquired significant secondary meaning through Axiva’s
`
`extensive marketing and advertising efforts and the continuous exclusive use by the Axiva
`
`Companies in interstate commerce since December 2018, including but not limited to in the
`
`Commonwealth of Pennsylvania (where ICPA currently operates) and New Jersey (where ICPA
`
`intends to open new facilities in the near future).
`
`37. Members of the consuming public have come to associate the AXIVA
`
`Intellectual Property with a single source—that is, Axiva. Specifically, the AXIVA Intellectual
`
`Property has become associated in the minds of the public with Axiva and has come to signify
`
`Axiva and Axiva and the Axiva Companies’ high quality services. Axiva owns valuable
`
`goodwill symbolized by and embodied in its AXIVA Intellectual Property
`
`38.
`
`Axiva’s rights in its AXIVA Intellectual Property, which, again, its licensees
`
`have continuously used in commerce throughout the United States since 2018, predate ICPA’s
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`first use of the Infringing AVITA Marks—which, on information and belief based on ICPA’s
`
`website and comments from its attorney, will occur in the very near future.
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`39.
`
`ICPA is Axiva’s direct competitor and it offers services in the exact same region
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`to the exact same patients as Axiva.
`
`40.
`
`As discussed above, the Infringing AVITA Marks are near identical to the
`
`AXIVA Intellectual Property in sight, sound, meaning, and commercial impression. They are
`
`also quite similar in pronunciation. Given the undeniable overlap, there can be no doubt that
`
`ICPA’s marketing efforts are the product of intentional copying of the AXIVA Intellectual
`
`Property, with the transparent goal of freeriding on and exploiting the hard-earned goodwill
`
`associated therewith.
`
`41.
`
`If ICPA is permitted to move forward with its plans to use the Infringing AVITA
`
`Marks in commerce in connection with its directly competing services—which it offers to an
`
`identical patient base in the very same geographical region as Axiva—there can be no question
`
`that actual confusion will ensue.
`
`42.
`
`Indeed, ICPA’s use of the Infringing AVITA Marks—which constitutes
`
`trademark infringement and unfair competition in violation of 15 U.S.C. § 1125(a)—is certain
`
`to cause confusion, cause mistake, and to deceive as to the affiliation, connection, or association
`
`of ICPA with Axiva or the Axiva Companies, or as to the origin, sponsorship, or approval of
`
`ICPA’s services. Persons, including actual and prospective patients, familiar with the AXIVA
`
`Intellectual Property would be likely to mistakenly believe that ICPA’s services were
`
`introduced by, under the sponsorship of, or in affiliation with Axiva.
`
`43.
`
`This is a particularly problematic and potentially dangerous scenario given the
`
`fact that the customers of both ICPA and Axiva are seeking medical services, which are quite
`
`personalized in nature and could, potentially, be associated with very serious side effects.
`
`
`
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`44.
`
`Furthermore, Axiva will experience loss of control of its reputation, loss of trade,
`
`and/or loss of goodwill, as well as its actual and prospective patients and customers, who will
`
`not be able to determine from whom they are obtaining (or meant to obtain) medical services.
`
`41.
`
`Again, it is obvious from the near identicality of the AXIVA Intellectual
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`Property and the AVITA Infringing Marks, and the fact that ICPA has refused to cease use of
`
`the AVITA Infringing Marks despite receiving a cease and desist letter from Axiva, that ICPA’s
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`infringing activities have been willful and wanton, and in reckless disregard of Axiva exclusive
`
`intellectual property rights.
`
`42.
`
`Axiva and its actual and prospective patients will be significantly and irreparably
`
`injured unless ICPA is restrained from promoting its services under the AVITA Infringing
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`Marks or any other marks confusingly similar to the AXIVA Intellectual Property. Indeed,
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`Axiva is without adequate remedy at law.
`
`43.
`
`As a result of ICPA’s willful and malicious conduct, Axiva is entitled to
`
`attorney’s fees and expenses incurred in pursuing this action.
`
`WHEREFORE, Axiva demands injunctive relief—in the form of a temporary
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`restraining order, preliminary injunction, and permanent injunction—against ICPA and its
`
`affiliates including subsidiaries, parents, officers, directors, agents, owners, employees,
`
`representatives, and attorneys and all others acting under, or in concert with them or any of
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`them, and judgment against ICPA, together with damages, interest, costs, attorney’s fees, and
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`whatever further relief this Court deems just.
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`COUNT II
`COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
`
`Axiva repeats and re-alleges each and every allegation of Paragraphs 1 through
`
`44.
`
`34 as though fully set forth herein.
`
`45.
`
`Axiva is the owner of the valid and protectable AXIVA Intellectual Property,
`
`which is inherently distinctive and has acquired significant secondary meaning through Axiva’s
`
`extensive marketing and advertising efforts and the continuous exclusive use by the Axiva
`
`Companies in interstate commerce since December 2018, including but not limited to in the
`
`Commonwealth of Pennsylvania (where ICPA currently operates) and New Jersey (where ICPA
`
`intends to open new facilities in the near future).
`
`46. Members of the consuming public have come to associate the AXIVA
`
`Intellectual Property with a single source—that is, Axiva. Specifically, the AXIVA Intellectual
`
`Property has become associated in the minds of the public with Axiva and has come to signify
`
`Axiva and Axiva and the Axiva Companies’ high quality services. Axiva owns valuable
`
`goodwill symbolized by and embodied in its AXIVA Intellectual Property
`
`47.
`
`Axiva’s rights in its AXIVA Intellectual Property, which, again, its licensees
`
`have continuously used in commerce throughout the United States since 2018, predate ICPA’s
`
`first use of the Infringing AVITA Marks—which, on information and belief based on ICPA’s
`
`website and comments from its attorney, will occur in the very near future.
`
`48.
`
`ICPA is Axiva’s direct competitor and it offers services in the exact same region
`
`to the exact same patients as Axiva.
`
`49.
`
`As discussed above, the Infringing AVITA Marks are near identical to the
`
`AXIVA Intellectual Property in sight, sound, meaning, and commercial impression. They are
`
`also quite similar in pronunciation. Given the undeniable overlap, there can be no doubt that
`
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 15 of 17
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`ICPA’s marketing efforts are the product of intentional copying of the AXIVA Intellectual
`
`Property, with the transparent goal of freeriding on and exploiting the hard-earned goodwill
`
`associated therewith.
`
`50.
`
`If ICPA is permitted to move forward with its plans to use the Infringing AVITA
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`Marks in commerce in connection with its directly competing services—which it offers to an
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`identical patient base in the very same geographical region as Axiva—there can be no question
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`that actual confusion will ensue.
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`51.
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`Indeed, ICPA’s use of the Infringing AVITA Marks—which constitutes
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`trademark infringement and unfair competition in violation of Pennsylvania common law—is
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`certain to cause confusion, cause mistake, and to deceive as to the affiliation, connection, or
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`association of ICPA with Axiva or the Axiva Companies, or as to the origin, sponsorship, or
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`approval of ICPA’s services. Persons, including actual and prospective patients, familiar with
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`the AXIVA Intellectual Property would be likely to mistakenly believe that ICPA’s services
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`were introduced by, under the sponsorship of, or in affiliation with Axiva.
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`52.
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`This is a particularly problematic and potentially dangerous scenario given the
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`fact that the customers of both ICPA and Axiva are seeking medical services, which are quite
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`personalized in nature and could, potentially, be associated with very serious side effects.
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`53.
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`Furthermore, Axiva will experience loss of control of its reputation, loss of trade,
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`and/or loss of goodwill, as well as its actual and prospective patients and customers, who will
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`not be able to determine from whom they are obtaining (or meant to obtain) medical services.
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`54.
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`Again, it is obvious from the near identicality of the AXIVA Intellectual
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`Property and the AVITA Infringing Marks, and the fact that ICPA has refused to cease use of
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`the AVITA Infringing Marks despite receiving a cease and desist letter from Axiva, that ICPA’s
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 16 of 17
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`infringing activities have been willful and wanton, and in reckless disregard of Axiva exclusive
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`intellectual property rights.
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`55.
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`Axiva and its actual and prospective patients will be significantly and irreparably
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`injured unless ICPA is restrained from promoting its services under the AVITA Infringing
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`Marks or any other marks confusingly similar to the AXIVA Intellectual Property. Indeed,
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`Axiva is without adequate remedy at law.
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`56.
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`As a result of ICPA’s willful and malicious conduct, Axiva is entitled to
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`attorney’s fees and expenses incurred in pursuing this action.
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`WHEREFORE, Axiva demands injunctive relief—in the form of a temporary
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`restraining order, preliminary injunction, and permanent injunction—against ICPA and its
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`affiliates including subsidiaries, parents, officers, directors, agents, owners, employees,
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`representatives, and attorneys and all others acting under, or in concert with them or any of
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`them, and judgment against ICPA, together with damages, interest, costs, attorney’s fees, and
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`whatever further relief this Court deems just.
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`December 3, 2021
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`Respectfully submitted,
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`Royer Cooper Cohen Braunfeld LLC
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`By: /s/ Barry L. Cohen
`Barry L. Cohen, Esquire
`Julie M. Latsko, Esquire
`Two Logan Square
`100 North 18th Street, Suite 710
`Philadelphia, PA 19130
`T: (484) 362-2628; F: (484) 362-2630
`E: bcohen@rccblaw.com
`E: jlatsko@rccblaw.com
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`Counsel for Axiva Health Solutions, Inc.
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`Case 2:21-cv-05313 Document 1 Filed 12/03/21 Page 17 of 17
`Case 2:21-cv-05313 Document1 Filed 12/03/21 Page 17 of 17
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`VERIFICATION
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`I, Colleen Stacy Shapiro, am the President of Axiva Health Solutions, Inc. and am
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`authorized to makethis Verification onits behalf. I have read the foregoing Verified Complaint,
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`and I verify that, based on my knowledge, information and belief and the information provided
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`to me, the averments contained therein are true and correct.
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`I makethis Verification subject to the penalties of 28 U.S.C. § 1746relating to unsworn
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`falsification to authorities.
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`Date: December »S , 2021
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`A
`Colleen Stacy Shapiro
`President of Axiva Health Solutions,Inc.
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