The Blue Cross and Blue Shield Association filed a lawsuit against Medical Lien Pros Nov. 5, alleging the company improperly registered the name “Anthem Blue Cross and Blue Shield.”
Community Insurance Co., a plaintiff in the case, does business in Ohio as Anthem Blue Cross and Blue Shield. The lawsuit contends that clerical errors led to CIC’s registration of the name to lapse. In May, Medical Lien Pros reportedly registered for the term — both as a trade and fictitious name — with the Ohio Secretary of State.
“Anthem has spent countless millions of dollars in marketing and using the Anthem [trade]marks widely, which has resulted in widespread recognition of the Anthem [trade]marks by consumers across the United States, including in Ohio,” the complaint said. “Anthem did not give defendant consent or authority to use the Anthem [trade]marks in any capacity.”
According to the complaint, Medical Lien Pros then sent a cease-and-desist letter to BCBS stating BCBS’ continued use of Anthem Blue Cross and Blue Shield in Ohio has “created substantial confusion.” BCBS identified at least 10 lawsuits that incorrectly served summons and complaints to the wrong agent in the wake of the registration.
The association is requesting that Medical Lien Pros halt use of the term, account for profits accrued under the term to then pay to BCBS and cover damages.
