The Blue Cross and Blue Shield Association is suing a specialty care management company in Texas for using a logo it says infringes upon and dilutes the BCBS brand.
The lawsuit was filed June 26 in the U.S. District Court for the Western District of Texas against Wound Sync, which is accused of using a multitoned blue cross logo to sell care management services to outpatient wound care centers through online and physical mediums.
"BCBSA recognized that the Blue Cross [logo] would be diluted by the [Wound Sync logo], and consumers were likely to be confused regarding the source of Wound Sync's services or deceived into believing BCBSA and Wound Sync were affiliated," attorneys representing BCBSA wrote.
According to the complaint, Wound Sync first filed a trademark application in 2019 for a blue and green cross logo that featured "WoundSync" below the cross. BCBSA unsuccessfully attempted to resolve the situation with Wound Sync, which trademarked different versions of the logo in following years. Currently, Wound Sync uses a multitoned blue cross logo that does not feature the term "Wound Sync."
The BCBSA also alleges that Wound Sync's co-founder, Han Pham Hulen, MD, knew about BCBS' trademark rights because she previously signed an in-network contract with BCBS Texas, where she would have agreed to not use the brand without permission.
The BCBSA is seeking a jury trial, profits Wound Sync made while using the logo, a permanent injunction barring Wound Sync from using the logo, corrective advertising and other damages to be determined at trial.