Worst Flu Season in Years Gives Rise to Flu Trademark Lawsuit

Flu Shots of Texas, a mobile wellness-shot business, has sued Flu Shots of Colorado, LLC and B 12 Shots of Colorado, accusing them of infringing the protected marks "To Beat the Flu... We Come to You" and "Flu Shots of America."

According to the complaint filed last Friday, the defendants began to use Flu Shots of Texas' proprietary and trade-secret information pursuant to an agreement that allowed the defendants to create a mobile wellness-shot enterprise in Colorado, using Flu Shots of Texas' business acumen, proprietary trade secrets, contacts and business good will.

"[Defendants] failed to pay the consulting fee to Plaintiff's principal," the complaint alleges, "and used Plaintiff's proprietary and trade-secret information to setup a competing business .... "

Flu Shots of Texas alleges that its flu shot marks have acquired strong recognition and fame in the marketplace as a result of its extensive use, advertising and publicity. Flu Shots of Texas claims that continued use of these marks will likely cause confusion, mistake or deception in the eyes of the public. 

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