Health-care management company Wound Sync LLC infringes and dilutes Blue Cross Blue Shield Association’s trademarked blue cross logo, according to a new complaint filed in Texas.
Wound Sync’s multi-hued blue cross, used to advertise healthcare-related services, creates customer confusion and damages BCBSA’s reputation, the complaint filed Monday in the US District Court for the Western District of Texas said.
BCBSA, a national association of independent, locally-operated health insurance companies, possesses a widely recognized family of “famous trademarks,” it alleged.
Texas-based Wound Sync filed a trademark application for its original logo, a blue and green cross, in 2019. After BCBSA reached out to express concern with the logo’s similarities to its marks, Wound Sync abandoned the application—only to file a new one about a year later for a design that “is even more like” BCBSA’s marks, the complaint said. The US Patent and Trademark Office published Wound Sync’s trademark application to allow for oppositions last November.
BCBSA asked the court to bar Wound Sync from using the marks and award it Wound Sync’s profits.
BCBSA is represented by Jackson Walker LLP and Riley Safer Holmes & Cancila LLP.
The case is Blue Cross and Blue Shield Association v. Wound Sync LLC, W.D. Tex., No. 5:23-cv-00800, complaint 6/26/23.
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