Online healthcare information provider WebMD, LLC announced last Thursday that it has filed a complaint against digital health and wellness solutions provider Everyday Health Inc. for using its trademark without permission.
In the lawsuit lodged in a U.S. District Court in New York, WebMD has accused Everyday Health of trademark infringement, false advertising, and unfair competition. The company wants to see its rival in court for using its trademark on its web pages, in web addresses, and in search advertising campaigns, which have caused consumers and advertisers to assume they are on WebMD’s site, the claimant said, as reported by The Wall Street Transcript.
WebMD claims that Everyday Health misleads advertisers that have their ads placed on sections of its website that breach WebMD’s brands. WebMD insists that Everyday Health’s practices are much more than simply buying search terms against a rival’s name.
With the lawsuit, WebMD wants to protect its brand and justify users’ and advertisers’ trust in the company, WebMD’s chief executive David Schlanger said in a statement, cited by The Wall Street Journal. WebMD is asking the court for an injunction to require Everyday Health to stop using its trademark and is also requesting information about the profits generated through “such illegal acts.”
In response, Everyday Health said the claims have no merit, expressing confidence that the lawsuit will have no impact on its operations. The claims concern just a small part of its search engine marketing efforts and the campaigns referenced relate to a fraction of its overall traffic and revenue, Everyday Health added.