TRADEMARK INFRINGEMENT

Carefirst of Md., Inc. v. First Care, P.C., No. 04-2493 (4th Cir. Jan. 11, 2006)

The United States Court of Appeals, Fourth Circuit, held that a professional corporation consisting of a small group of physicians had not committed trademark infringement against a large health maintenance organization when it used a trademark similar to that of the HMO. The court held that no trademark infringement had occurred because there was no likelihood of confusion between the two companies' trademarks; there was no actual confusion; the HMO's trademark did not have the requisite strength, as the words in the trademark were frequently used by third parties in the health care industry; the two trademarks had different appearances in the market place; the companies' services were dissimilar; and finally, the companies' advertising campaigns differed.