FORT MYERS – Family Health Centers of Southwest Florida has filed a federal lawsuit against Best Care Community Center and Family Health Center, alleging trademark infringement, unfair competition and false advertising.
Family Health Centers of Southwest Florida filed a lawsuit in federal court against Best Care Community Center and Family Health Center Inc., Emlyn Louis, ABC companies, and several unnamed individuals, citing allegations of violations of federal law including trademark infringement, unfair competition, false designation of origin and false description, false advertising and violations of Florida law including unfair competition, false designation of origin, false description, and unjust enrichment.
According to court documents, Family Health Centers is a medical services organization with a notable presence in Florida, specifically in the Fort Myers area. The plaintiff alleges that the defendants' use of a similar mark, "Best Care Community Center and Family Health Center," infringes on its protected brand of "Family Health Centers," creates confusion and misrepresentation among consumers, and causes harm to their reputation and services.
The plaintiff is seeking a preliminary and permanent injunction against the defendants to prohibit them from directly or indirectly using the plaintiff's protected mark or any similar variants thereof. In addition, the plaintiff is seeking an accounting and payment of profits gained by the defendants, monetary damages, corrective advertising, attorneys' fees, court costs and other relief the court deems proper. They are represented in this case by attorneys Jason Hunter Korn, Joshua A. Hajek, and Courtney A. DaSilva of Dentons Cohen & Grigsby, P.C., in Naples, Florida.
U.S. District Court, Middle District of Florida, Fort Myers Division, case number 2:23-cv-00886