01/14/2013 09:51:00 AM EST
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
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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