U.S. News | Allscripts Software Sues CarePortMD for Trademark Infringement

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A health IT giant, Allscripts has filed a lawsuit in the U.S. District Court in Delaware against CarePortMD for trademark infringement.

The plaintiff alleges that the telemedicine startup is using its name “CarePort” without permission or authorization.

The plaintiff reportedly claimed that it’s own and has a trademark registration for “CarePort” from the U.S Patent and Trademark Office since January 2013.

The plaintiff reportedly said that Allscripts acquired CarePort Health, a software company that connects acute and post-acute providers and payers in 2016.

The plaintiff reportedly said that CarePortMD was formerly operating as ER at Home LLC and obtained a trademark registration for the CarePortMD name in September 2018 in the U.S. Patent and Trademark Office (USPTO).

The plaintiff reportedly said Allscripts neither gave permission nor licensed CarePortMD the right to use the CarePort trademark.

The plaintiff reportedly said that the use of the name by CarePortMD will likely lead to consumer confusion, unfair completion, and false designation of origin.

Ashok Subramanian, M.D., CarePortMD’s CEO reportedly said that the company followed the guidelines put forth by the USPTO and was issued a lawful trademark on a name that is a conjugate of three common terms.

Allscripts reportedly said that it has suffered substantial damages and is asking the court to order CarePortMD to stop using the name and also is requesting a trial by jury to award damages.

The case is ongoing.

Allscripts Software, LLC v. CarePortMD, LLC

Judge: Maryellen Noreika
Court: Delaware District Court
Case #: 1:20-cv-01387
Nature of Suit: Trademark
Cause: Trademark Infringement
Case Filed: Oct 15, 2020
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About Nathaniel Adebayo 593 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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